Continue reading »]]> Most criminal convictions in California require defendants to serve probation as a part of their sentence. An alternative to serving a full term of incarceration, probation is actually a supervised, conditional release that California judges often impose instead of, or in addition to, jail time.

Compliance with all the terms and rules of the imposed probation is not negotiable. Failure to comply with court mandated probation can result in a charge of probation violation that could mean you’ll not only be returned to jail to serve  the remaining time on your jail sentence, but you may also have to serve additional jail time for the probation violation.

California imposes two types of probation: 1) informal probation, which usually involves completing certain tasks as assigned by a judge, related to the offense for which you were convicted, and simply staying out of trouble; and 2) formal probation, which requires report requirements or a visit with a probation officer once a month as well as an assignment of tasks to complete related to the offense for which you were convicted.  Both types of probation can also require defendants to undergo drug testing, perform community services, attend counseling or complete assigned physical labor chores. Failure to comply with the terms of your probation could result in a probation violation charge and revocation of the probation.

Misdemeanor Probation Violations and Felony Probation Violations in California

Most misdemeanor probation scenarios do not require that you report to a probation officer, but instead require that you present periodic progress reports to the court, often at a court appearance.  A felony probation scenario always involves an assignment of a probation officer to supervise your activities and progress. Generally, those placed on felony probation must report to their probation officer at least once per month; the specific time frame is determined at the discretion of the judge in your case. Failure to remain in contact with your assigned probation officer may result in an automatic probation violation and a revocation hearing to determine what penalty the probation violation should incur.

Commonly Seen Probation Violations

Some of the most commonly seen probation violations include:

• Failure to report to a probation officer as scheduled

• Failure to pay restitution

• Failure to complete community service tasks

• Failure to enroll or complete a required rehabilitation program

• Failure to appear in court as required

• Commission of new crimes

• Association with known criminals

• Possession of illegal items like guns and drugs

• Drunk driving (DUI)

• An arrest

Penalties for Probation Violation

The punishment for probation violation is governed by California Penal Code Section 1203, and is dependent on the type and seriousness of the violation and the underlying criminal conviction that caused you to be put on probation in the first place. For a minor probation violation, you may simply be scolded and given a second chance to fulfill your probation requirements under the same terms and conditions. For a more serious probation violation, you could face harsh consequences like being arrested, and having to appear at a formal probation violation hearing for incurrence of further penalties. If you are found to be guilty of a probation violation during this formal hearing, you could face the following types of punishments or penalties.

• Extension of your probationary period
• Additional probation terms and conditions
• A sentence of jail or prison time
• A revocation of your probation that results in having to serve the previously-imposed jail or prison time
• Reinstatement of your probation with modified (often additional) terms
• An addition of community service requirements
• Court mandated counseling, rehabilitation or treatment

Dependent upon what the judge who oversees your probation violation hearing takes into account when hearing your case, your probation violation repercussions are usually determined by the seriousness and nature of the violation, the number of times, if any, you have violated your probation, the circumstances of the probation violation, and the recommendation of the prosecutor involved in your case.

What Probation in California Hopes to Accomplish

The purpose of probation in California is for rehabilitation, not punishment. However, the reality of the situation is that judges often impose probation as both a punishment and an opportunity for rehabilitation. In addition certain felony convictions in California render defendants ineligible for probation. Felony convictions that prevent a defendant from being eligible for probation include violent and/or serious felonies as defined under California Penal Codes 667.5 PC and 11927(c) (murder, involuntary manslaughter, rape, lewd acts with a child, burglary, mayhem, kidnapping, arson, extortion, etc.).

Your Rights Should You Be Accused of a Probation Violation in California

While not heard in a trial setting, probation violation charges are heard at probation revocation hearings. However, just as in a trial, at your probation revocation hearing, you have the right to be represented by a lawyer, the right to call witnesses using the court’s power to subpoena witnesses, the right to cross-examine and/or confront witnesses concerning the alleged violation, the right to present extenuating or mitigating circumstances contributing to your alleged probation violation, and the right to testify on your own behalf.

Unlike your initial criminal trial, though, the prosecutor attempting prove your probation violation must only prove that  a preponderance of the evidence verifies that you violated your probation as opposed the beyond a reasonable doubt standard required at trial—meaning that all the prosecutor has to show is that you are more likely than not guilty of probation violation.

A Lack of Probation Violations May Result in Expungement of your Conviction

Once you have successfully completed probation, you may be able to have your conviction expunged pursuant to California’s expungement law. Unfortunately, if you have a proven probation violation on your record, expungement of your conviction is not permitted. What an expungement action does is remove your criminal conviction from your record. While there is no guarantee that expungement will be the result of an expungement request, lack of a probation violation on your record will greatly increase your chances for an expungement.

For more information about expungement of a criminal record or for assistance with a probation violation hearing, contact Michael Ross, San Francisco Criminal Defense Attorney. An experienced, highly-talented criminal defense attorney, Mr. Ross will explain your options following an accusation of probation violation in California, honestly tell you if he thinks you have a chance of winning back your freedom, and help you form a strategy to ensure that the best possible outcome results from your probation violation hearing. If you need any kind of criminal defense assistance or have questions about a California probation violation action, contact Mr. Ross today.

Continue reading »]]> For the average San Francisco citizen, their first (and hopefully only) encounter with a criminal charge is a DUI arrest. By no means to be taken lightly, a DUI can affect your life in ways you probably never dreamed of. However, keeping your head about you and finding an experienced DUI attorney like Michael Ross, is probably your best bet for a good outcome in your case.

Most DUI arrests occur after a person is pulled over for an unrelated traffic violation or after an accident occurs. At the time of the pull-over where someone is suspected of DUI, the officer who stopped you will often conduct a field sobriety test. If you fail the sobriety test, the officer will then place you under arrest and take you to jail. Unless you are belligerent, the officer may not physically restrain or handcuff you, but don’t be alarmed if you are restrained. In some California counties restraining an arrestee is standard procedure, regardless of the circumstances.

Once you arrive at the police station or jail, you’ll be booked—the details of the incident will be recorded, and you’ll be fingerprinted, have a mug shot taken and probably be asked to take a breath or blood test to determine the amount of alcohol in your system. If you are 21 or older and refuse to take or fail your blood alcohol content test, your license will automatically be suspended for a particular amount of time depending on whether or not you’ve been arrested for DUI in the past.

Your personal property (cash, keys, etc.) will be confiscated until your release. To be released from police custody, you’ll have to post bail (for some counties bail is assigned depending upon the offense), be released on your own recognizance, or be held in jail to await a hearing in which a judge will determine the amount of bail you must post. Once you have sobered up (assuming you were drunk in the first place) and have posted bail, you’ll be given instructions about when to appear in court and released.

At the time of your DUI arrest, the arresting officer will take your driver’s license, issue you an Order of Suspension and provide you with a Temporary License. This allows you to drive for the next 30 days unless your driver’s license has expired or has been revoked or suspended previous to the arrest. A copy of your notice is then forwarded immediately to the California Department of Motor Vehicles (CDMV) by the arresting officer along with a sworn report outlining the details of your arrest.

A DUI Arrest and How It Affects Your Driving Privileges

You’ll have up to ten (10) days after your DUI arrest to request an administrative hearing with the DMV that will give you an opportunity to argue that the revocation or suspension of your license is not justified. An experienced DUI lawyer comes in handy here to present your case. Even if you do not receive a favorable response from the CDMV, you still can visit any CDMV field office and request a restricted license to be issued while you await the outcome of your DUI charges so you can have transportation to travel to work or school. Sanctions imposed by the DMV in no way have a legal bearing on your criminal DUI charge; the CDMV only has jurisdiction over your ability to drive.

A first-time DUI triggers an automatic six-month license suspension. Imposed by your DUI judge if you are convicted of DUI, the suspension is reported to the CDMV and the CDMV takes responsibility for seeing that the suspension is put into effect. If you have engaged a good DUI attorney who is able to have your charges reduced to a less severe offense than a DUI or if your case is dismissed before trial, no suspension of your driving privileges will take effect.

Penalties for a First Time California DUI Conviction

In addition to the suspension of your driving privileges, a first conviction of DUI in California is punishable by jail time of between 96 hours and 6 months, a fine between $390 to $1000 (plus penalties), a possible requirement to participate in a DUI state-approved program, and installation of an Ignition Interlock Device on your car at your expense.  In an effort to curb drunk driving, California has over the years, instituted harsher and harsher penalties. You can find the most recent updates to California DUI laws as well as the latest Bills to be heard on the subject at the National Conference of State Legislatures website. However, your best resource for detailed information on California DUI laws and how they might affect your situation is a qualified, experienced DUI attorney.

A DUI conviction on your record has serious consequences.  Besides limiting your movements, a DUI conviction can also hamper your future job opportunities as anytime a potential employer chooses to conduct a background check on you, they’ll discover the DUI conviction. Depending upon the policies of the company you wish to work for, a DUI conviction on your record may immediately eliminate you as a candidate for employment there.

Michael Ross Is a San Francisco Criminal Defense Attorney Experienced in Handling Defense of California DUI Cases

If you are facing a DUI charge in a court in or around the San Francisco area, Michael Ross is here to help. With years of experience and successful outcomes for DUI clients, Mr. Ross is a San Francisco criminal defense attorney you can rely on for assist with your DUI. From arrest to DMV hearing to court appearances and plea negotiations, Mr. Ross is here to assist you.

Continue reading »]]> There are few things more upsetting than learning that a loved one has been arrested. The natural impulse is to first get the person out of custody – usually by arranging for bail – as soon as possible. This is usually a mistake, resulting in the payment of an unnecessarily high bail premium, and perhaps exhausting any funds that will be required for legal representation in court.

In most cases, it is better to obtain legal representation for the person and have the attorney deal with the issue of bail or release on the person’s own recognizance. The reason is this: the arresting law enforcement agency has been provided by the courts with a “bail schedule” listing the amount of bail for each offense charged. This allows persons who have been arrested to arrange for bail during off-hours, and on weekends and holidays.

However, the problem is that the amounts set forth on “bail schedules” are usually much higher than is appropriate for most alleged offenders. Once a person is before the court, the judge (except in cases of flight risk or danger to the community) will adjust the bail amount downward – sometimes to a nominal amount or even a release of the person on his or her own recognizance. Your loved one will need a seasoned attorney to get the best result of a “motion to reduce bail.”

There is another equally important reason to first obtain counsel for an arrested person: the immediate contact of the attorney with the person, whether in or out of custody. One of the most important reasons for this is to preclude statements by the person that can – and will – be used later by the prosecutor against that person in court.

Seemingly innocent or so-called “off-the-record” statements by the person to law enforcement have landed some of those charged with a crime in the state penitentiary, where a much better outcome could have been bargained for, or even a release from all charges.

The point is that venturing into the uncharted waters of arranging bail can be needlessly expensive and detrimental to the person’s legal defense fund.

Continue reading »]]> There is an unmistakable trend revealing itself in growing numbers of new cases: the “Instant Internet Lawyer.” This term refers to a growing corps of do-it-yourself amateur attorneys who believe that a few hours of web research, aided and abetted perhaps with discussions with total strangers on blogs, they are qualified to handle their own legal matters. Internet or no Internet, the old rule still applies: a person who handles his or her own legal matter has a fool for a client.

This maxim simply underlines the fact that legal matters are often complex, sophisticated problems involving issues and/or ramifications that a layperson may not be able to effectively deal with.

To those tempted to exercise false economy by avoiding the services of a good attorney in legal matters, it should be pointed out what you are giving up. An attorney has not only a law degree, but almost always a full four-year degree or more. Attorneys must get an acceptable score on the Law School Admission Test just to get into law school. Tough grading in law schools wash out as much as half of those who enroll. No more than half of law school graduates pass the Bar Exam, and fewer still pass it the first time.

Finally, each successful Bar Exam applicant must undergo a rigorous background check – similar to a vetting for a government security clearance – in addition to passing the Bar Exam. Of course, this is just the start of an attorney’s training. Years of practice provide an attorney with the priceless experience needed to counsel clients not only with accurate and reliable advice, but also with wisdom and sound judgment.

The point is, would you rather gamble the outcome of your legal matter on an amateur, do-it-yourself inquiry on the Internet, or seek the profoundly greater knowledge, experience, and objective counsel of a seasoned professional? Those who elect to ignore the obvious choice and venture into the vastly complex world of the law and its application are taking their fate into their own hands, perhaps with irremediable results.