Probation violations can be complicated for a person to handle without a skilled advocate fighting for them. The defendant is already on probation with the court, and the prosecutor only has to prove that it’s more likely than not that the defendant violated some term of this probation. If proven, the defendant can then be sentenced by the judge without further ado. There is no right to a jury trial on a probation violation case.
The problem many defendants with probation violations face is that the Judge will likely not want to listen to any of their excuses about not paying fines, not attending a court-ordered program, or failing to do something they were supposed to do. If you go to court and spend a day listening to all of the excuses people so commonly use, you’ll see why almost every probation violation is such an uphill battle from the outset. Most Judges simply get fed up hearing that “the dog ate my homework.”
Having an attorney who can discuss or negotiate your case with the Judge and prosecutor is imperative to a better outcome. Avoiding a probation violation may also help you down the road if you’re trying to get a conviction off of your record pursuant to Penal Code Section 1203.4.
Contact Errol L. Cook, to discuss your particular case. Errol L. Cook has years of experience handling these types of cases, and will be able to advise you of your rights, options, and how to properly proceed with your case. Southerncaliforniacriminalattorney.com