What to Do If You Have Violated Your Probation

What to Do If You Have Violated Your Probation

Posted By: Arata Swingle Van Egmond & Goodwin on Jul 29, 2015

If you’ve been convicted of a crime, you may be fortunate enough to have been offered probation instead of jail time, or in addition to jail time. Agreeing to probation means you also agree to some other terms in exchange for remaining free after being convicted.

 In California there is a difference between formal and informal probation (court probation). With formal probation your are required to register with your county’s Adult Probation Department, at which time you are assigned the probation officer. Initially you may be required to meet with him or her weekly, the less often once you’ve demonstrated that you are abiding by your probation conditions.

With Informal, or court, probation you are not required to register or have supervision, but the condition remains that you must obey all laws for the probation term.

Conditions of formal probation can include:

  • Not violating the law in any way
  • Submitting yourself and your property to search and seizure at any time
  • Not using any aliases
  • Paying fees
  • Paying restitution to any victims of the crime your committed
  • Never driving without a valid driver’s license

If your probation requires to report to a probation officer, then failure to do so is considered a violation, and can expose you to harsher penalties than what you would have faced had you served a sentence without probation.

Violation of Probation

If you have violated your probation, it is extremely important to consult a well-credentialed attorney. A criminal defense attorney experienced in handling violations of probation can potentially get your probation reinstated without you having to actually admit to the violation. If this is not possible, he or she may be able to simply obtain a reduced sentence for you – despite the probation violation.

The Law Offices of Arata, Swingle, Van Egmond & Goodwin have years of experience handling violations of probation on behalf of their clients. If you have violated your probation – for whatever reason – we want to hear from you so that we can help you avoid harsh penalties and hopefully allow you to continue your probation despite not following its terms and conditions.

For an initial consultation, we invite you to call to our office at (209) 522-2211.