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Probation And Parole
Probation & Parole - Orange County, CA Defense Attorneys

Any person convicted of a misdemeanor or felony case will be placed on either summary probation (unsupervised) or formal probation (supervised by a probation officer) for a period from 1 - 5 years. Parole is the conditional release of a prison inmate after serving part (if not all) of his or her sentence, allowing the inmate to live in the community under supervision of the parole period.

  • Probation is a sentence ordered by a judge, usually instead of, but sometimes in addition to, serving time in jail. It allows the convicted person to live in the community for a specified period of time, sometimes under the supervision of a probation officer, depending on the circumstances and the seriousness of the crime.

    There are two kinds of probation, namely Court or unsupervised probation and Formal probation, which is supervised by a Probation Officer. The Court may Order probation where jail time is not required by law. Then, the Court will impose various terms and conditions to insure you will lead a law-abiding life. At the end of the probationary period, you will no longer be subject to the state's supervision

  • The parole board that oversees prison populations grants parole. Typically the offender has been sentenced to an indeterminate number of years in prison. After the offender has served the minimum amount of time authorized, the parole board decides if the offender is ready to be released from incarceration to finish out the sentence on parole. Parole boards typically consider the nature and seriousness of the crime, the views of the victim, the progress the offender made in prison, how crowded the prison is, and whether the offender has a someplace to go in the community. If the parole is granted, the offender will have to abide by terms and conditions similar to those for probation for a certain period of time. If he or she completes the parole period, the criminal sentence is discharged. 

Parole & Probation Violations
Both probation and parole can be revoked if the offender commits another crime or seriously violates one of the conditions of release. The revocation proceeding requires written notice to the offender, an opportunity to explain and call witnesses, an impartial decision-maker, and a written decision with the reasons for the revocation stated. A revoked parolee goes back to prison, and the offender whose probation is revoked begins serving the suspended sentence.

There are several reasons that your probation officer may accuse you of violating your probation. It may be that you violated by breaking a technical term or condition, or it may be that you violated by committing a new crime. Examples of technical violations include changing your residence without prior approval, failing to pay fines or restitution, or failing to report for regularly scheduled visits with your probation officer or for counseling. If you are accused of violating your probation it is strongly recommended that you consult with an experienced California defense attorney!

Legal Assistance
If you need legal advice and/or representation regarding probation and parole in California, and how they may effect your current situation, please contact our lawyers to discuss your case. Our attorneys can also help with the expungement of your criminal record. The initial consultation is free, and we can help to advise you of your legal rights. Contact us online or call: 1-800-221-7084

 
 
 

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