PAROLE
AND PROBATION
Whether by change
of plea or jury verdict, a finding of guilt begs the obvious question
of what punishment will flow from the guilty finding. A grant of probation
can often be had instead of a significant amount jail or prison time.
In juvenile court, probation is often imposed in all but Dept. of Juvenile
Justice (formerly California Youth Authority) dispositions. This serves
the client well, unless and until he or she is facing an allegation
that the probation terms have been violated. Probation and parole violations
are serious matters that result in harsh penalties or restrictions on
your freedom including fines, jail, or even prison. The burden of proving
a violation is significantly lower than what's required to prove a new
case against you.
The consequences associated with a parole or probation violation usually
depends on a number of factors, including your record and your previous
performance on probation. You have legal rights, which can serve both
to defend against the violation allegation and/or to lessen the severity
of the punishment.
My name is Jeff Hayden, and I am in my twentieth year of practicing
law. I have handled thousands of cases including countless allegations
of violating probation. I have worked with experts throughout the nation,
and have remained current with both the new defenses and technology
available to assist in your case.
Anyone on probation or parole can be accused of violating their status
at any time, but it takes a smart, experienced lawyer to apply the best
possible defense. Sometimes this may mean taking the case to a formal
hearing in front of a judge in the case of a probation violation or
the parole board in the case of a parole violation. Other times, it
may mean making motions, conducting a thorough investigation or simply
looking for a way to explain your circumstances, the lack of seriousness
of the underlying case and your substantial compliance with the terms
of probation or parole.
In evaluating your case, I will take into account all that led to the
incident in a culturally relevant manner. It may be that you have a
defense, justification or excuse. There may be facts in mitigation –
reasons the violation, even if true, should not be treated harshly.
Finally, there may be a need to make the focus not just whether there
was a violation, but who was involved: I can present you as a person
to the court, prosecution and probation officer.
Please feel free to contact my law office so that I can give you a free
consultation regarding the violations you are facing. I will not be
judgmental, but will explore all possibilities to achieve the best outcome
possible.