Being placed on probation can allow a person to remain in the community rather than serve some or all of a potential period of incarceration. But probation also comes with conditions that must be followed.
An alleged violation can put that opportunity at risk.
If you have been accused of violating probation in Fresno, it is important to understand what violation is being alleged and what evidence supports it.
Fresno criminal defense attorney Gregory W. Fox has more than 20 years of experience representing individuals in criminal matters throughout Fresno and Central California, including probation-related proceedings.
What Can Lead to a Probation Violation?
The conditions of probation depend upon the underlying case and the orders imposed by the court.
Alleged violations may involve:
- Being arrested for a new offense
- Failing to report as required
- Failing to appear in court
- Failing to complete a required program
- Violating a protective or restraining order
- Failing a drug or alcohol test
- Possessing prohibited drugs, weapons, or other items
- Failing to pay court-ordered amounts when legally required and able to do so
- Leaving an authorized geographic area when restricted
- Failing to comply with search conditions
- Violating other specific terms imposed by the court
An accusation that a condition was violated does not automatically establish that the violation occurred.
New Criminal Charges While on Probation
One particularly serious situation occurs when a person on probation is arrested for another alleged crime.
This can create two related legal problems: the new criminal case and an alleged violation of the existing probation.
The defense strategy should account for both proceedings because decisions made in one matter may potentially affect the other.
Technical Probation Violations
Not every alleged violation involves a new crime.
A person may be accused of failing to complete counseling, missing an appointment, failing to report, violating a travel restriction, or failing to comply with another condition.
The circumstances surrounding the alleged violation can matter.
For example, there may be disputes about whether the defendant knew about a requirement, whether compliance was possible, or whether the alleged violation actually occurred.
What Happens After an Alleged Violation?
The court may conduct proceedings to determine whether probation was violated and, if so, what consequences are appropriate.
Potential outcomes depend upon the underlying case, nature of the violation, probation history, and other circumstances.
Because a probation violation can potentially expose a defendant to significant consequences, it should be treated as a serious legal matter.
Defending Against a Probation Violation
Depending upon the allegation, the defense may examine:
- Whether a violation actually occurred
- Reliability of the evidence
- Whether a new criminal allegation can be proven
- Whether the violation was willful
- Whether circumstances prevented compliance
- Errors concerning reporting or program completion
- Drug-testing issues
- Search-and-seizure questions
- Mitigating circumstances
- The defendant’s overall performance while on probation
Even when a violation occurred, the circumstances surrounding it may be relevant when determining the appropriate outcome.
Probation Modification
Changes in employment, residence, family responsibilities, treatment needs, travel requirements, or other circumstances may sometimes create a need to modify probation conditions.
Gregory W. Fox can evaluate the circumstances and advise clients regarding probation-related issues, including alleged violations and requests involving probation terms.
Fresno Probation Violation Defense
An alleged probation violation can threaten the progress you have made since the original criminal case.
Do not ignore a violation notice, warrant, new arrest, or court date involving your probation.
Gregory W. Fox personally represents clients in criminal and probation-related proceedings throughout Fresno and Central California.
If you have been accused of violating probation or need assistance with a probation-related matter, call (559) 222-5800 to request a consultation.