Criminal Attorney Defense Donte Wyatt ESQ

 
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Probation

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Probation

Most individuals who are convicted of a misdemeanor offense or of a felony are placed on probation. In misdemeanor cases the probation is generally summary probation to the court. That simply means that instead of being supervised by a probation officer the person is supervised by the court. Therefore the person in under a minimal amount of supervision and generally if the person fulfils all of their obligations to the court the court does little more then respond if the person is brought back before them for some reason. However felony probation is distinctly different. Most grants of felony probation are supervised by the probation department and come with an extensive list of requirements and obligations. In addition, to the additional obligations there is often a probation officer that occasionally checks to insure that you are fulfilling your obligations and not engaging in additional criminal conduct. If the probation officer, suspects or has reason to believe that the probationer has violating there probation by engaging in additional criminal conduct or be failing to fulfill an obligation the probation officer can petition the court to find the probationer in violation of their probation.

probation san diego

PC 1203(a) As used in this code, "probation" means the suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under the supervision of a probation officer. As used in this code,
"conditional sentence" means the suspension of the imposition or execution of a sentence and the order of revocable release in the community subject to conditions established by the court without the supervision of a probation officer. It is the intent of the Legislature that both conditional sentence and probation are authorized whenever probation is authorized in any code as a sentencing option for infractions or misdemeanors.

Probation Violations

PC 1203.2. (a) At any time during the period of supervision of a person (1) released on probation under the care of a probation officer pursuant to this chapter, (2) released on conditional sentence or summary probation not under the care of a probation officer, (3) placed on mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, (4) subject to revocation of postrelease community supervision pursuant to Section 3455, or (5) subject to revocation of parole supervision
pursuant to Section 3000.08, if any probation officer, parole officer, or peace officer has probable cause to believe that the supervised person is violating any term or condition of his or her supervision, the officer may, without warrant or other process and at any time until the final disposition of the case, rearrest the supervised person and bring him or her before the court or the court may, in its discretion, issue a warrant for his or her rearrest. Upon such rearrest, or upon the issuance of a warrant for rearrest the court may revoke and terminate the supervision of the person if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probation or parole officer or otherwise that the person has violated any of the conditions of his or her supervision, has become abandoned to improper associates or a vicious life, or has subsequently committed other offenses, regardless whether he or she has been prosecuted for such offenses. However, the court shall not terminate parole pursuant to this section. Supervision shall not be revoked for failure of a person to make restitution imposed as a condition of supervision unless the court determines that the defendant has willfully failed to pay and has the ability to pay. Restitution shall be consistent with a person'
s ability to pay. The revocation, summary or otherwise, shall serve to toll the running of the period of supervision.

Once a person is arrested or noticed that there is a petition to revoke his or her probation the court will generally summarily revoke the person’s probation pending a hearing on the person’s probation status. Unlike a jury trial were the person accused has a right to an acquittal if there is not proof beyond a reasonable doubt the standard of proof required to formally revoke the persons probation is only a preponderance of the evidence.’ However, the probationer still has a right to counsel of their choice and to present a defense to the probation violation. Generally, the counsel the person had for the underlying charges will handle the probation violation. However, if the probationer does not want to continue to proceed with his or her initial counsel he or she can retain new counsel.

Probation Modification

In addition to having a hearing to revoke a probationer’s probation the court can also have a hearing to modify the probationer’s terms and conditions. If you are on probation and you believe that one or more of your terms and or conditions are unfair or inappropriate then you may need to contact counsel to consider filing a motion to modify probation.


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 Donte T Wyatt ESQ

   619-807-9505

1010 Second Ave
Ste # 1020
San Diego, CA, 92101

Donte@dontewyatt.com

   

 
 
 

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