San Bernardino Probation Violation Defense Attorney

When facing accusations of a probation violation, much is at risk. You may be sent back to jail or be made to spend your sentence in prison rather than serve out the rest of your probation as had been originally ordered. A San Bernardino criminal defense attorney or lawyer can offer you legal representation so you can avoid incarceration.

Probation is handed down often by a judge in a state or federal court of law to individuals convicted of a misdemeanor or felony crime. It may be a part of an individual’s sentencing and would most likely be given instead of a jail/prison sentence or upon a person’s release after time spent incarcerated. In California there are four types of probation that can be enforced by the state and federal courts. All four specify specific standard rules that must be followed in order to avoid further legal action by law enforcement and the criminal court system.

Probation in San Bernardino County

The first type of probation is “intensive probation” also known as house arrest. It would allow for a person convicted of a crime to be monitored by a GPS tracking system or through electronic monitoring that would specify their whereabouts at all times. In most instances, the person would not be allowed to leave his or her home under any circumstances. In order to receive intensive probation a person must give up his or her 4th amendment rights. This allows law enforcement to conduct a search without a warrant in order to check in on a person unannounced, to make sure he or she is abiding by the terms of probation.

The next two types of probation are “high supervision probation” and “standard supervision probation”. Both require a lesser degree of supervision then intensive probation requires. High supervision probation would involve monthly visits by a probation officer to the home, including monthly office visits as well. Under high supervision probation a person would also be monitored by random drug tests to determine whether or not they are violating probation terms by abusing drugs. Standard supervision probation is identical to high supervision probation, except the visits would occur every three months or so opposed to every single month.

The final type of probation that a person can receive as part of his or her sentencing agreement is unsupervised probation. Under this type of probation a person would still be required to follow specific rules, but would not have to follow up or report to a probation officer during the probation period. Many times the rules of unsupervised probation consist of a person also giving up their 4th amendment rights for a specified period of time, staying away from locations such as bars or taverns serving alcohol and giving up their right to own or purchase a firearm.

San Bernardino County Criminal Defense Lawyer

Probation violations are serious offenses. Fortunately, a San Bernardino defense lawyer at our firm can provide aggressive representation, regardless of the specific violation. The most common types of probation violations include: failure to appear at a scheduled meeting with a probation officer, drug charges, committing another crime, and association with gangs or known criminals. When the rules of a person’s probation are violated they will most likely be ordered back to court to attend a hearing for a probation violation. Under most circumstances a person who is convicted of violating his or her probation terms will be incarcerated by following what would have been the original sentencing enforced by the courts had probation not been given.

If you or a family member has been accused of, charged with or arrested for a probation violation please contact a San Bernardino criminal defense attorney at the Law Offices of Gregory H. Comings today. As experienced San Bernardino probation violations attorneys we are very knowledgeable with probation violation cases. A criminal defense lawyer from our firm can review the facts surrounding the probation violation in an effort to ask the court to dismiss the violation or reinstate the terms of the original probation. By hiring a San Bernardino probation violation attorney at our firm, your legal rights will always be protected with extreme care and concern.

Have you been accused of a probation violation in San Bernardino County, California? Contact a San Bernardino probation violation lawyer at our firm today!