Probation is one of the options a Court has at sentencing, usually as a replacement to time in custody, or a used in the period after an incarceration in order to supervise a convicted defendant. The probation system is challenging, and not designed to be easily traversed. If you fail to fulfill any of the conditions of your probation, you are in probation violation, and may suffer severe consequences. If you or your loved one is in violation of probation conditions, please contact the Law Office of William R. Burgener at (619) 291-8565 for a FREE initial consultation. William R. Burgener has over thirty-four years of experience in Californian criminal courts, and is ready to put that experience to work defending you or your loved one.
Understanding the Charge
The privilege of probation can be revoked by the Court if they find the defendant has violated the terms of their probation. Probation terms can be burdensome and oppressive, and sometimes it feels like the system is built to induce failure, leading to the incarceration of the defendant. The terms of probation vary, and may involve conditions including but not limited to:
- Appear in Court for “progress reports”
- Pay restitution/fines
- Agree to your person or your property being searched without a warrant
- Being charged with a new offense
- Refusing or failing a drug or blood alcohol test
Consequences of Conviction
If a defendant is charged with a probation violation, the charges will be heard by at a hearing before the Court, and guilt or innocence will be determined by a judge, not a jury. Unlike a criminal trial, the defendant does not have to be found guilty “beyond a reasonable doubt,” but only by a “preponderance of the evidence,” which means the judge only has to believe it is more likely than not that the defendant violated the terms of probation. This standard, called the “burden of proof,” is much easier to meet, and requires very little evidence. If the judge determines the evidence is sufficient to demonstrate the defendant violated probation, then there are several options the judge may choose from:
- Revoking probation and incarcerating the defendant
- Modifying the probation with stricter terms and conditions
- Reinstating the probation with the same terms and conditions
Defending the Charge
Because of the lower “burden of proof” standard, it is vital the defendant be defended assertively by an experienced attorney. William R. Burgener is prepared to use his skills and experience to defend you, or your loved one against probation violation accusations. Facing the consequences that follow a judge determining that probation has been violating can be as intimidating and overwhelming as facing the original charges, but an adept attorney can help you.
Free Case Evaluation
William R. Burgener, Esq.
San Diego Criminal Defense Attorney