Law Offices of William V. Pernik
Commitment. Determination. Results
Please contact Law Offices of William V. Pernik for a free and confidential consultation. Experienced representation is just a phone call away.
Violations of probation, mandatory supervision, and parole are offenses that occur when you fail to comply with terms and conditions of your release. Depending on the nature and seriousness of your violation, your probation officer has discretion to handle it informally, or notify the court of your violation, in which case you will be given notice to appear in court, usually before the same judge who has sentenced you.
Once you are back in court, you will be given an option to either admit your violation, or request a hearing to contest it, at which hearing the government will have the burden of proving the violation by a preponderance of the evidence. If you are found to be in violation of your probation, either by admission or after a hearing, your case will likely be referred to the Probation Department for preparation of a supplemental report and a new sentencing recommendation, which the court may, but is not required to, follow. At sentencing, the court has broad authority to reinstate, terminate, or modify your probation or supervision, which may result in a significant loss of liberty or additional restrictions on your liberty.
In practice, handling violations of probation, mandatory supervision, or parole, can be tricky even for a legal practitioner, yet alone an unrepresented defendant. Unlike with an open case, where you may have significant leverage in negotiating a better plea deal or the option to request a jury trial, your options at a probation violation hearing can be very limited. For these reasons, it is a wise idea to enlist the aid of an experienced local attorney who has both legal knowledge and the diplomatic skill to diffuse the tensions often present between you and your probation officer, present your case and your violation in the best possible light in court, and prepare a persuasive sentencing argument to the court as to why you should be given another chance at probation, if that is in your best legal interests.
At Law Offices of William V. Pernik, we have handled thousands of probation violations, and have worked with most local probation officers in Monterey County. In a number of cases, with diplomacy and positive communication, we have been able to prevent an imminent probation violation from being filed by diffusing tensions between our client and his or her probation officer, and handling the violation informally. In many other instances, even after our clients came to court, we were able to negotiate reinstatement, modification, or termination of probation or supervision on favorable terms.
When contested hearings are necessary or unavoidable, we know how to challenge evidence presented by the government, how to question probation officers who testify at the hearing, and above all, how to present your defense to a violation or downplay the seriousness of the violation in the most favorable light possible. Because of that, we have been able to win a number of probation violation hearings, and even had clients who were found in violation of probation, but were reinstated or received a lesser sentence than the one initially recommended by the probation officer before the hearing took place.
If you, or someone you care about, is facing a violation of probation, mandatory supervision, or parole, please call our office without hesitation to schedule your case consultation.
Law Offices of William V. Pernik serves the entire Monterey County, including the cities of Salinas, Marina, Monterey, Carmel, and Pacific Grove, and accepts cases from nearby counties of Santa Cruz and San Benito. Upon request, we also take selected cases from the San Francisco Bay Area.