Probation Violations

San Jose Violation of Probation Attorney

California Probation Revocation and Violation of Probation Defense (VOP Defense)

At the Moore Law Firm, we represent persons whose sentences on previous offenses included a period of probation as an alternative to jail or prison. Our clients include persons charged with a violation of probation (vop) based on missing a meeting or failing a drug or alcohol test, as well as persons arrested and charged with a new offense while on probation. Contact one of our California probation attorneys, in San Jose or Fresno, for a free consultation about your legal options in either situation.

When a person on probation is charged with a new crime, the consequences can be serious. If convicted, new criminal sanctions will be imposed, in addition to the strong possibility that the suspended portion of the previous sentence will also be reinstated against the defendant. Depending on the circumstances of both cases and the defendant's previous record, the sentence on the new offense may be ordered to run consecutively with the previous sentence. In addition, the violation of probation can itself be punished separately.

More opportunities to negotiate a favorable arrangement with the probation officer and the prosecution are available if the charge is a technical violation of the terms of probation. In many cases, we can present convincing arguments that put the probation violation into perspective and emphasize the overall progress our client is making toward rehabilitation. Our experience helps us make the most of our opportunity to resolve technical violation problems informally and thus avoid jail time.

In the more challenging cases involving new offense charges, we have many options and tactics for protecting your interests. Besides mounting an energetic defense on the merits, we work hard to negotiate dismissal or reduction of the new charges. If the evidence against our client proves impossible to overcome, we can then concentrate on the sentencing phase to make the most of any mitigating circumstances that we can find and develop. This approach to the defense of criminal charges, including repeat DUI or domestic violence, can very often lead to favorable outcomes for the defense.

We use many of the same investigation and mitigation techniques when the problem is not with a local probation officer but a charge of parole violation from the California Department of Corrections.

For more information about our ability to represent your interests effectively in a probation or parole violation situation, contact an experienced criminal defense lawyer at the Moore Law Firm.