San Diego Probation Violation Attorney
Probation violations come in all shapes and sizes. A violation may be as simple as failing to report to the probation officer as directed, or as serious as a new arrest involving similar conduct.
First and foremost, defense counsel MUST immediately obtain all prior probation report(s) and/or records relating to the terms of the initial plea and sentencing initiating the current probation term. Stayed sentence terms in place from the initial sentencing could seriously limit the possible defenses to the current alleged probation violation. Defense counsel must determine what, if any, prior violations may have occurred and get a sense as to the client’s overall performance on probation up to the point when the alleged violation occurred. Once the client’s prior history is clear, defense counsel must then carefully assess if reasons may exist for the violation that can be addressed through treatment, special programs, or modification of existing terms. For example, if substance abuse or mental health issues are at the root of the problem, it may be fruitful to have the client evaluated by a forensic psychologist who may recommend treatment in lieu of additional jail or prison time.