Probation Violations In San Diego
Your criminal case was resolved and you have been sentenced by a judge. You are likely on probation and ordered to complete certain conditions. You’ve just realized that you may have a violation of probation in your criminal case. Maybe you thought you had enough time to complete your requirements but came up short. You may have been uncertain about your terms, conditions or court dates. You may have been concerned about going to jail and missed your court date because of this. Now you are unsure about your next step. You need guidance about your best options, and there is prompt help available.
I, probation violation attorney Mark Deniz, have handled thousands of probation violations as a prosecutor and as a defense attorney. I understand effective strategies to best approach misdemeanor probation as well as felony probation violation accusations, and tailor my approaches to each client’s case.
When you are in violation of probation, you need an advocate on your side who understands the probation laws and will work to develop strategies to put you back on the right track. Don’t take a chance on your future and handle the situation yourself.
More About Probation Violations
Probation is a standard condition of court sentences in San Diego County. It is a way for the court to monitor your case, as well as provide a way for the court to hold you accountable. The requirements of probation are precise, which causes many probationers to violate their requirements. Accidental violations can carry significant consequences. I, attorney Mark Deniz, have seen people to be violated for what might appear to be very small violations. Thus, even if you have a plausible explanation for your violation, you still need representation to make sure your rights are protected.
Knowledgeable Representation For Your Case
I, Mark Deniz, provide effective representation and legal advice to clients charged with local probation violations, and have helped many clients resolve serious probation violation allegations.
I, Mark Deniz, handle probation violations for my clients:
- Failing to meet with a probation officer
- Failing to attend court-ordered counseling
- Participating in unlawful conduct
- Failure to pay fines
- Failing a drug test
It never makes sense to represent yourself if you have violated your probation. It is important to find an experienced lawyer who understands productive solutions. I, San Diego probation violation attorney Mark Deniz, provide thorough probation violation representation, and work tirelessly to resolve each client’s specific situation.
San Diego DUI Probation Violations
A San Diego DUI probation violation can affect whether you can get off probation early and eventually obtain an expungement. There is a variety of ways to violate a San Diego DUI probation violation. A common San Diego DUI probation violation is driving with a measurable amount of alcohol. It is a very low bar, and it is a situation to avoid.
If you blow a .01% or higher, the officer will arrest you for violation of Vehicle Code Section 23154. Not only will you be facing a new misdemeanor charge, you will also have to go back to court on your original San Diego DUI for violation of probation.
Vehicle Code Section 23154(a), driving under the influence of alcohol while on probation for prior San Diego DUI. The statute reads:
It is unlawful for a person who is on probation for a violation of sections 23152 or 23153 to operate a motor vehicle at any time with a blood alcohol concentration of .01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
A person may be found to be in violation of subdivision (a) if the person was, at the time of driving, on probation for a violation of sections 23153 and 23153, and the trier of fact finds that the person had consumed an alcoholic beverage and was driving a vehicle with a blood concentration of .01 percent or greater, as measured by a preliminary alcohol screening test or other chemical test.
In the old days, if you were being investigated for a San Diego DUI and an officer had you submit to a preliminary alcohol screening (PAS) test and your results were minimal, .01% to .03%, most likely the officer would let you go. Remember, as a condition of your probation, which usually lasts five years, you are not allowed to drive with a measurable amount of alcohol in your system. So while technically, the officer could arrest you for violating your probation, practically the officer would let you go.
If you blow a .01% or higher, the officer will arrest you for violation of Vehicle Code Section 23154. Not only will you be facing a new misdemeanor charge, but you will also have to go back to court on your original San Diego DUI for violation of probation.
Remember in this case, the state does NOT have to prove that you were under the influence of alcohol. The state must simply prove there was .01% or more of alcohol in your system at the time of driving. The key is to avoid San Diego DUI probation in the first place. If you are on San Diego DUI probation the next goal is to avoid violating any terms of probation. A probation violation can affect whether you can get off probation early and eventually obtain an expungement.
Call 858-429-9982 immediately so I can begin defending your San Diego probation violation.