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San Diego Probation Violation Charges

Violations of probation can result in incarceration in county jail or a state prison, even if the probation was based on a misdemeanor. Although many violations of probation are for a justifiable, valid reason, the judge will want to have proof of the reason for the violation. An experienced criminal defense lawyer such as Anna R. Yum can present your case to the judge in a manner that increases the chances of your probation being reinstated despite a violation.

Types of Probation Violations

Many differing circumstances can result in violations of probation, in part because conditions of probation vary according to the specific case. There are some general probation conditions that apply to essentially all instances of probation, such as a mandate to not commit another crime. There are often additional conditions that are more specific to an individual's circumstances. Examples of violations of probation include:

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  • being arrested on any charge
  • failing to report to a probation officer at the scheduled times
  • committing a crime
  • possessing an illegal substance or weapon
  • failing to attend rehabilitation or to complete community service
  • failing to pay a court-ordered fine or restitution to the victim
  • failing to appear at a scheduled court appearance
  • not complying with a "stay-away" condition
  • violating any of the individual's probation rules and conditions

Significant Consequences of Probation Violations

A violation of your probation can have very serious consequences. When a violation has been committed and proved, the issue of whether the individual committed the crime that led to the probation is no longer important; the individual is now eligible for the same punishment that the underlying crime carries.

The Judge Needs Only a Preponderance of Evidence

In addition, a judge will decide the probation-violation hearing, not a jury. Plus, the district attorney does not have to prove the probation violation "beyond a reasonable doubt" - only a "preponderance of evidence" is necessary. These two aspects of probation violations are not helpful to the person on probation, and it's therefore all the more important to have a skilled defense attorney working on your behalf when you're facing a probation violation.

Schedule a private appointment with criminal defense lawyer Anna R. Yum today and learn more about your defense options.

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