Probation & Parole
Many times a court will place a defendant on probation after being convicted of a misdemeanor, felony, or even strike offense to give them a second chance. However, if any term of probation is violated, not completed by a certain deadline, or a new offense is alleged to have been committed, that person’s probation can be “revoked”, and they are facing the maximum term of imprisonment possible for the misdemeanor, felony, or strike offense they had originally been convicted of. Cal. Penal Code § 1203.3.
A person alleged to have violation his or her probation is entitled to a hearing to dispute whether or not they were in fact in violation, and a defense attorney and the prosecutor can come to an agreement as to how to handle the alleged probation violation with the consent of the judge, including reinstatement of probation.
Parole and Post-Release Community Supervision (PRCS) are different than probation in that they occur after a person has already been sentenced to Prison or the County Jail for a felony offense. Parole applies to individuals who have been convicted of “Strike” offenses and other limited circumstances and sent to Prison, whereas supervision under PRCS is supervision for those who were convicted of any other non-strike felony that resulted in a prison sentence. Parolees are supervised by State of California parole agents, whereas those supervised under PRCS are the responsibility of the county probation office where the offender lives. Different rules govern parolees versus those supervised under PRCS in terms of maximum supervision and how long the person being supervised may be in custody on an alleged violation.
Like probation, parole and PRCS supervision have terms attached to release that the parolee must abide, or their supervision can be revoked and they can be re-incarcerated. Individuals under parole and PRCS also have the right to a hearing regarding whether the circumstance alleged in the violation is true, and a defense attorney and the prosecutor can come to an agreement as to how to handle the alleged violation with the consent of the judge that may be more favorable than undergoing the contested parole or PRCS hearing.
Our knowledgeable attorneys at Honeychurch & Giambona have represented many clients facing an alleged misdemeanor or felony probation violation, as well as alleged parole or PRCS violations, and have achieved great results for our clients. If your misdemeanor or felony probation is alleged to have been violated, or are facing an alleged parole or PRCS violation, do not hesitate to call Honeychurch & Giambona today for a free consultation to see how our effective attorneys may be able to help you achieve the best outcome for your case.