Criminal Defense Attorney – DUI Defense Lawyer – Probation and Parole Violations

PROBATION
Probation is the suspension of the imposition or execution of a sentence and the conditional release of the defendant into the community under the supervision of the probation department or court.

Formal probation is where the probation department supervises the probationer. Formal probation is also called supervised probation.

Informal probation is where the court supervises the probationer directly without the probation department getting involved. Informal probation is also called summary probation, court probation, bench probation, or a conditional sentence.

When deciding whether to grant probation the court considers the following factors: public safety, the interests of justice, the victim’s loss, and the defendant’s needs. Terms of probation must be reasonably related to the offense and aimed at deterring such misconduct in the future. Probation can be conditioned on serving some jail time.

PROBATION REVOCATION
First, a pre-revocation hearing is used to determine if there is probable cause that the probationer violated probation. If the court finds no probable cause, the motion to revoke probation is denied.

If the court finds probable cause, the court issues a “summary revocation” of probation; this is a temporary suspension of probation.

Next there is a formal revocation hearing before a judge. The standard of proof is a preponderance of evidence. If the probationer loses then the court issues a formal revocation order.

At a formal revocation hearing for an alleged probation violation, the probationer has the following rights: written notice of the alleged probation violation; disclosure of the evidence against him; the opportunity to be heard in person and present witnesses and evidence; the right to confront and cross-examine witnesses.

PAROLE
Parole is a period of conditional, supervised freedom imposed on all prisoners when they are released from prison. The parole period is 3 years for Determinate Sentencing Law crimes; 4 years if there was misconduct; 5 years for life prisoners who are released and some sex crimes; and life parole for 1st and 2nd degree murderers. If a person is charged with violating parole he has various rights, including notice of the alleged violation and an expedited probable cause hearing.