Felony Violation of Probation in San Diego: How it Works
There are several ways to violate felony probation in San Diego. Getting charged with a new crime is an obvious violation, but you can also get a technical violation for things such as failing a drug test at probation or not notifying your probation officer when you move to a different address. If you were ordered to attend classes such as anger management, or to get your GED and you don’t do it, you can also be violated.
Once your probation officer has reason to believe you have violated your probation your officer will ask the judge to issue a felony warrant for your arrest. This means you can be arrested anywhere at any time. In some cases, particularly for a technical violation, your probation officer will have the warrant issued and then have you taken into custody at your next reporting date. Not reporting to avoid the arrest can bring a new felony charge for absconding probation.
Some counties allow bonds for felony probations; however, the majority of California counties require that you be held in jail on a “no bail hold” status. If you are allowed to bond out on a felony violation of probation in San Diego, the bond amount will likely be set very high.
What Happens Next
When you are in jail on a “no bail hold” status, it means a bond will not be set for you and you will remain in jail until your probation violation hearing date. Your hearing is when the District Attorney must present evidence to the court that you violated the terms of your felony probation. Several things can occur as a result of the hearing:
- The judge can revoke your probation and sentence you to complete your original sentence in jail or prison. Additional time could also be added for violating probation.
- You could be allowed to remain on probation after doing a few weeks or months in jail as punishment. The judge might also add more time to the length of your probation or modify your probation in another way such as adding mandatory counseling.
- Your probation could be terminated and you will be released with time served. It’s also possible the judge will agree to terminate your probation early if you will serve X amount of time in jail before being released.
What Should You Do If You Violated Your Felony Probation?
A felony probation violation in San Diego is a serious matter. Your freedom is literally at stake. It is important to have an experienced San Diego criminal defense attorney represent you in your felony probation violation case to ensure that your rights are protected. For a free and confidential consultation, contact San Diego criminal defense attorney Domenic J. Lombardo today at (619) 232-5122.
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