| Probation Violations and Parole Violations |
An individual may be placed on probation as a result of a felony or misdemeanor conviction. Probation may be imposed in cases where the sentence imposed includes one year or less in the county jail. Probation may be formal -- in felony matters, supervised by a probation officer -- or informal / summary probation in the case of misdemeanors. Parole occurs only after an individual has served time in state prison as a result of one or more felony convictions. Although a shorter time-frame may be imposed, the period of both probation and parole tends to be between 3 and 5 years. The main purpose of both parole and probation is to prevent reoccurences of criminal conduct. Specific terms of both are delineated, and invariably contain a "catch-all" provision. Any violation of law, felony or misdemeanor, can be used to violate a defendant's probation or parole. Additionally, the standard of proof is much lower in parole or probation violation hearings than the "beyond reasonable doubt" standard generally used in criminal cases. The standard is so low, in fact, that prosecutors often decide to
forego prosecuting the present conduct as a separate offense, opting
instead to proceed with a violation hearing. And, the consequences can
be dire, especially when "suspended time" in jail was part of an
original disposition. It is absolutely essential, therefore, that an experienced criminal defense attorney handle parole and probation violation matters. Since the standard for finding a violation is relatively low, without the assistance of such an attorney, the chances of being penalized and found in violtion increase dramatically. Recently, in a downtown Los Angeles courtroom, I was able convince the judge not to violate my client even though he technically had violated his probation. Instead of imposing the "suspended time" that the prosecutor was demanding, the judge let my client walk-out from the court-room with merely a warning. I had a very similar experience not too long ago in the Southbay, Torrance Courthouse. I have been successful throughout Southern California, even in the decidedly pro-prosecution jurisdiction of Ventura. I have a tremendous amount of experience and a great track-record in helping people avoid serious consequences even when they admit, in open court, to violating their parole or probation. Parole and probation officers can be "nit-picky" and, in some unfortunate cases, vindictive as well. Do not let yourself or someone you love be taken advantage of and sent to jail or prison. I fight aggressively from the beginning to protect my clients' rights. For more information, kindly call the Law Offices of Richard M. Sudar at (310) 277-4112 or simply click here for immediate assisatnce. We offer a free consultation.
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Posted By Richard Sudar on October 28, 2009 02:18 pm | Permalink  |