If you have been convicted of a crime, you may have been put on probation instead of serving a jail term. Defendants on probation must follow certain conditions of the court, or else face the possibility of jail or prison time. San Diego defendants who have been accused of violating probation will need to attend a hearing, known as a probation hearing, in which the judge will evaluate the facts of your case and decide if:
- The terms of your probation should remain the same
- The terms of your probation should be more severe
- Or, if you should go to jail
You should not face a probation hearing on your own. In order to get the best outcome possible, it is critical that you hire an experienced criminal defense attorney who has successfully represented clients in probation violation cases. Attorney Joni Eisenstein has over 25 years of experience working in the San Diego courts. She can help you navigate the system and defend against an accusation of a probation violation.
If you are currently on probation, there are new laws that change the length of probation terms for many offenses. Read the article Do You Need Help Getting Your Probation Shortened and then call the Law Office of Joni Eisenstein to schedule your free consultation.
Schedule your free consultation today. Contact Criminal Defense Lawyer Joni Eisenstein.
What is Misdemeanor (Summary) Probation?
Misdemeanor probation is also called summary or informal probation. Typically, this kind of probation is given to defendants who have been convicted of a low-risk misdemeanor offense, or juveniles and first-time offenders. A defendant’s ability to be granted probation is based on the judge’s assessment of the offense and the likelihood of another offense down the road.
In general, the terms of probation must fit the crime and ensure that justice is done. For some offenses, there are specific terms and conditions that must be set, such as treatment classes for those convicted of domestic violence. Some common terms and conditions of probation in California can include:
- Fines, fees or victim compensation
- Treatment programs
- Community service
- Restraining orders
- Drug testing
- Abstinence from drugs or alcohol
- No violations of the law
What is Felony Probation?
Felony probation, also referred to as formal probation, is an alternative to prison for those convicted of felonies. Felony probation is served out of prison and under the supervision of a probation officer. When considering eligibility for formal probation, a judge will consider a variety of factors such as:
- The nature of the crime committed
- Use of firearms
- Was the crime premeditated
- The character of the defendant
- The likelihood of success under probation
The conditions of felony probation are similar to that of misdemeanor probation, but can include harsher terms and conditions including regular, mandatory meetings with a probation officer, submitting to police searches and restrictions on travel.
What Happens If You Violate Probation?
A violation of probation is a serious matter. Depending on the circumstances, a judge can order that the defendant go to jail or prison. That is why it is important that anyone on probation secure the services of an attorney to represent their best interests in front of the judge. In cases where there is no or minimal evidence of a violation, the judge may determine to maintain the original terms of probation or modify the terms to include more restrictive conditions.
Secure a San Diego Probation Violation Attorney
Probation in San Diego is a matter that should be taken seriously. If you are on probation, there is a strong possibility that you can have your term shortened based on new laws that went into effect in 2021. Attorney Joni Eisenstein can review your case to determine if you are eligible for a reduced probationary term. If you have been accused of violating the terms of your probation, she can assist you by providing professional, experienced representation in the courts.
Call the Law Office of Joni Eisenstein today for your free, confidential consultation with our skilled San Diego probation attorney.
If you are on the fence about hiring a defense attorney, stop thinking about it, and do it now
Hiring a criminal defense attorney like Joni Eisenstein can help you go from a place of uncertainty to freedom.