Posted By OKABE & HAUSHALTER 13-Dec-2018
Did you know that you could actually go to jail or prison for failure to comply with the terms of your felony probation? If you were surprised to read this, then you are probably like Josh, a reader of our Okabe & Haushalter blog.
A few days back, our Los Angeles criminal defense attorney received the following question from Josh: “I was convicted of a felony offense in LA, but I’m having a hard time complying with all of the strict terms of my felony probation. My friend told me there is no way I will go to jail for a felony probation violation, but just to be on the safe side, I decided to ask your lawyers. Looking forward to hearing back from you soon. Josh.”
Can you go to jail for violating the terms of your felony probation in California?
Those convicted of a felony offense in California know that the option of serving felony probation is a much better alternative to serving a prison sentence. Unfortunately, it is not that simple.
More often than the not, felony probations have a wide variety of strict terms attached to them, which, if violated, can result in severe legal punishment and penalties. But can you actually go to prison for violation of the terms of your felony probation in California?
Let’s find out by asking our criminal defense attorney Los Angeles from Okabe & Haushalter.
Yes, you could actually go to jail for a felony probation violation
Unfortunately, the likelihood of being sentenced to prison or jail after a felony probation violation is very high unless you are represented by an experienced criminal defense lawyer in Los Angeles, San Francisco, or elsewhere in California.
In fact, it is plausible that failure to comply with the terms of your felony probation could result in the maximum amount of prison time given for your felony offense. In addition to that, if the judge decides that you violated the terms of your felony probation, you will most likely be held on a “no bond” status (meaning: you will not be released out of jail until after your probation violation hearing concluded).
How can you avoid a prison sentence after a felony probation violation?
Now that we have established that the risk of receiving a prison sentence after a felony probation violation in California is quite high, is there anything you can do to avoid going to jail or prison?
This depends on your actions and how convincing you are during your probation violation hearing. To be more precise, whether or not you will go to jail for a felony probation violation depends largely on how skillful, experienced, and persistent your Los Angeles criminal defense attorney is.
At a probation violation hearing, your life will hinge on the efficiency of the legal approach chosen by your lawyer, because your criminal defense attorney will have to do his or her best to help you avoid a prison sentence for a felony probation violation by convincing the judge that you did not violate the terms of your felony probation by a preponderance of evidence.
Other penalties for a felony probation violation in California
However, a prison sentence is not the only penalty you may be facing for a felony probation violation, as the judge might add more terms to your probation and/or extend it.
Also, if you are represented by an experienced criminal defense lawyer in Los Angeles or elsewhere in California, you may be able to get an alternative sentencing such as:
- Home confinement.
- Work release.
- Weekend sentence.
- Community work service.
Let our lawyers at Okabe & Haushalter evaluate your particular case and determine whether or not you could be facing a prison sentence for violating the terms of your felony probation. Call our offices at 310-430-7799 for a free case evaluation.
Category: Criminal Defense