When a person is convicted of a felony, they may be able to serve felony probation instead of going to prison. They may spend some time in prison and then be released to serve the rest of their sentence on felony probation. Either way, this results in very strict terms. If a person does not comply with one term one time, they could face serious consequences. Does this mean they will automatically go to prison? Not necessarily.
Probation violation is seen as a very serious offense by the State. That said, you do not necessarily have to go to prison if you are guilty of it. Keep reading more to learn more about what it means and what your options are. Then contact a criminal defense attorney by calling Law Office of Michael L. Fell at (949) 585-9055.
You will get a probation violating hearing
The first chance to fight against a prison sentence for felony probation violation comes at the probation violating hearing. During this mandatory hearing, the prosecution will work to prove to the judge that there is a preponderance of evidence that you are guilty of probation violation. Note that they do not need to prove it beyond a reasonable doubt – they only need to prove that is more likely than not that you were guilty.
You have a right to legal representation from a criminal defense attorney at this hearing. We will work to show the judge that you did not in fact commit the probation violation, that it was a minor violation, or that you did not know you were violating your probation. The judge has the legal right to impose a long prison sentence, depending on what you were originally convicted of.
They can decide to revoke probation and impose the maximum sentence for the crimes you were convicted of. They may also let you stay on probation but extend the total time you spend on probation or add additional terms to your probation.
Factors the judge will consider
As the judge decides whether or not to revoke probation and what consequences you should face, they will consider how serious the violation was, how much of your probation has been served, your criminal history, if you have a previous violation on your record, and other factors.
Alternatives to prison
We will work tirelessly to encourage the judge to reinstate your probation. If necessary, we will ask for alternative sentencing. This could include home confinement, community service, work release, or weekend sentence.
The bottom line is that you need an attorney who will fight for the best possible outcome for your case. You have found that attorney in Law Office of Michael L. Fell. You can call us now at (949) 585-9055 for your free legal consultation. We will go over your situation and provide you with your likely options.