Скачать или смотреть How to Fight Probation Violation Cases

Los Angeles criminal defense attorney Ronald Hedding of the Hedding Law Firm discusses probation violations, including an internal violation where you violate the terms of your probation and the other is an external violation where you pick up a new case.

When a person is placed on felony or misdemeanor probation, the judge imposes certain terms and conditions. These may include paying fines and restitution, reporting to the probation officer, performing community service, obeying all laws, and avoiding a new arrest. A person who violates these terms and conditions faces a probation violation hearing.

At a probation violation hearing, there is no jury. A judge presides and makes the decision. The district attorney presents evidence, and a defense lawyer represents the accused. If the person is found to have violated probation, the judge has the discretion to impose up to the maximum sentence for the underlying crime.

In practice, a skilled California criminal defense lawyer can often turn the tide in a probation violation hearing. Even if a violation is found, the attorney's persuasive skills can often sway the judge to revoke and reinstate probation, giving the client another chance, rather than imposing jail or prison time. This underlines the importance of legal representation and the potential for a positive outcome.

Probation violations are not to be taken lightly. They empower the judge to potentially incarcerate you for the maximum term. This could mean 6 months to a year in jail for misdemeanor cases and multiple years in prison for felony cases. The stakes are high, and understanding the process is crucial to avoid such severe consequences.

Despite the seriousness of probation violations, a competent criminal defense lawyer can often help you avoid the worst-case scenario by winning your probation violation hearing.

In this video, Ronald Hedding discusses probation violation hearings and strategies for winning them. This serves as a reminder that with the right legal support, a positive outcome is within reach.

I've been defending people with probation violations in the Los Angeles court system for 30 years. When it comes to a probation violation, though, the standard differs from that for a criminal offense. All the prosecutors have to do is prove that you violated your probation by 51%, and that will be a violation. You will be subject to the maximum term for whatever you initially pled guilty to.

Often, giving the judge a solution as to why you won't get yourself in this position again is worth its weight in gold. I like to sit down, show the judge where my client is at, explain why whatever happened, happened and then we will come up with a plan and explain it to the judge – this is what we're going to do – here are the steps we're going to take so you don't see us again, so, my client completes probation and can get out of the criminal justice system.

Because if you continue to violate your probation, it can be extended. If you're looking to get your case either dropped to a misdemeanor or attempting to get your probation terminated and then later getting the case expunged, if you're eligible for that, if you get probation violations, this can end up stopping you from doing so. Contact the Hedding Law Firm if you are a loved one is facing a probation violation.

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