How to Prepare for a Probation Violation Hearing

Feb 12, 2020

What is a Probation Violation Hearing?

If you are notified that you have violated probation and a hearing has been scheduled, you may be wondering, “What is a probation violation hearing?” In this article, you’ll learn what to expect and how to prepare for your hearing.

If someone who is on probation fails to adhere to the requirements of their probation, they are entitled to a hearing before their probation is officially revoked. The outcome of probation violation hearings depends on the specific circumstances of the violation, the reasons for the violation, and the probationer’s criminal history and attitude.

While on probation, almost any law you break, other than most traffic violations, can violate your probation. If you fail to keep your agreements, it is a violation of probation. Probation violations include the failure to do specific things including:

• Attend, participate in, and complete court-ordered treatments or counseling. This can include:
  
  • Drug rehabilitation programs (including AA, NA, or MADD)
  • Anger management classes
  • Domestic abuse prevention
  • Parenting classes
  • Drug/alcohol diversion
• FTA – Failure to Appear (not showing up at required hearings)
• Pay restitution to a victim and court-ordered fines or fees
• Complete required community service
• Report to your probation officer on schedule and/or not following their instructions
• Get and keep a job
• Pass drug tests
• Comply with electronic monitoring requirements
• Adhere to restrictions on contact with minors
• Comply with restraining orders

In addition to the failure to do the above things, doing certain things can violate probation:

• Possession of illegal drugs (or alcohol if it is a condition of probation)
• Being under the influence of drugs
• Arrest for DUI
• Pleading nolo contendere to another criminal charge
• Possession of a firearm (if you’re a prohibited person)
• Being in an area where illegal drug sales occur (if drug-related offender)
• Leaving the county or state without permission from your probation officer

What Happens at a Probation Violation Hearing?

There are two parts to a probation hearing. They may both occur at the same time or be separated by a period of time. During the first part, the judge considers the evidence and decides if there is probable cause to summarily revoke probation.

A summary revocation is not an official, permanent revocation. A summary revocation allows the court to take action to detain the probationer. If the probationer isn’t present, a bench warrant can be issued for their arrest.

If probation is temporarily revoked, the clock stops on the probation until the judge makes a final ruling. However, if the probationer is not detained, the restrictions attached to the conditions of their probation remain in effect.

The second part of the probation hearing process is a formal hearing and may be delayed for months if the courts’ calendar is crowded. Witnesses, who can be cross-examined just like witnesses at a trial, can be called to testify. When making the decision, the judge may also consider the probation officer’s report.

During probation hearings, the judge’s decision considers all relevant factors including past probation violations, criminal history, the type of violation, and whether the probationer is a danger to the public. Based on the evidence and the probationer’s attitude, the judge can order a variety of outcomes including:

• Formal revocation of probation. This results in the probationer being remanded into custody to serve the remainder of the sentence.
• Reinstate probation as it was
• Reinstate probation with new terms and conditions that may include
  • Fines
  • Jail time
  • Community service requirements
  • Attending specific courses
  • A requirement to find employment
  • Extending the duration of probation

What do I Need to Prepare for PVH?

If there is evidence that the violation did not occur, gather evidence to support the claim. For example, if the claim is that you did not pay restitution, bring documentation from the bank showing it was paid. If there are reasonable explanations for your actions, gather and bring any evidence that could help your case.

Dress for the hearing the way you would dress for an actual trial, clean, well-groomed, and as calm as possible.

Do I Need an Attorney?

Now that you know what happens at a probation violation hearing, you know that hiring a Los Angeles criminal defense attorney to represent you gives you the best chance of obtaining the desired outcome. If evidence exists that justifies the violation, such as a convicted drug offender being in an area where drugs are sold looking for their runaway teenage child who had been seen in the area, an attorney may be able to present the evidence in the best light.

Your attorney may be able to present evidence that will lessen the negative impact of the probation violation.

Schedule 3 Drugs: Charges, Penalties and Defense

Jan 30, 2020

What is the Scheduling System for Drugs?

Although Schedule III drug charges aren’t as serious as Schedule I and II crimes, the outcome of your case will have a significant effect on your future. A federal law, enacted in 1970, The Federal Controlled Substances Act classifies controlled substances (drugs) under a single law replacing an assortment of laws that had developed over time. Five separate categories were created by this law.

When classifying a drug, the first step is determining whether or not there are medical uses for the drug and the second is the drugs potential negative effect on mental or physical health including the potential for addiction. The Federal Drug Scheduling System classifies drugs according to how harmful they are and includes Schedule I, II, III, IV, and V. Schedule I is the most harmful and Schedule V has the lowest risk of abuse.

In this article, we’ll discuss the list of Schedule III drugs.

What are Schedule III Drugs?

California follows the Federal Schedule for listed drugs in California Health and Safety Code § 11056 although California refers to them as C-III drugs. Schedule III drugs include narcotics and non-narcotics. Drugs included in the list of Schedule III drugs include narcotics that contain no more than 90 milligrams of codeine per dose.

Examples of Schedule III drugs include:

• Dronabinol
• Suboxone
• Tylenol with codeine
• Vicodin

Non-narcotics on the list of Schedule III drugs include:

• Anabolic steroids
• Ketamine
• Benzphetamine
• Marinol – a synthetic version of THC
• Phendimetrazine

When determining which drugs will be Schedule III drugs, the risk of dependence is considered. Drugs with a moderate or low risk of physical dependence that have a high risk of psychological dependence may be classified as Schedule 3 drugs. They also have a potential for abuse, but that potential is less than drugs classified as Schedule I or II drugs.

All the Schedule III drugs are included in this alphabetic list of scheduled drugs.

What is a Schedule 3 Charge?

The penalties for a Schedule III drug charge depend on whether the charge relates to simple possession or trafficking.

Civil Penalties

Possession can be charged in two ways. The Anti-Drug Abuse Act of 1988, Public Law. 100-690, contains “User Accountability” requirements for the possession of personal use quantities of illegal drugs. The law is codified at 21 U.S.C. § 844a.

In addition to potential criminal penalties, the “User Accountability” law holds users personally accountable by imposing civil penalties. Individuals convicted of possession can also be denied public housing assistance and student loans. In some cases, prosecutors will use this law to punish minor drug offenders but don’t leave them with the stain of a criminal record that can impede their ability to support themselves or their families.

The fine can be up to $10,000 but considers the individual’s income and assets so it doesn’t burden poor people with impossible fines.
The public record can be destroyed for first offenders who meet the requirements of paying their fine, not being convicted of a crime during the following three years, and passing a drug test.

Individuals with prior drug convictions and those who have taken advantage of this provision twice before are not eligible.

Criminal Penalties

Possession is also subject to criminal penalties that vary based on the quantity of drugs the person is found in possession of and their criminal history.

• First offenders are usually looking at a maximum of 1-year and a fine of up to $1,000.
• A second offense requires a minimum sentence of 15 days with a 2-year maximum and a fine of up to $2,500.
• The third offense requires a minimum sentence of not less than 90 days and not more than 3-years and up the fine to a minimum of $5,000.
• Any offense involving Flunitrazepam has a fine of up to $250,000 and up to 3 years in prison.

Minimum sentences may not be suspended or deferred.

Trafficking

Offenders guilty of trafficking illegal drugs are subject to stiffer penalties outlined in the DEA Enforcement Guide.
First offenders may not be sentenced to more than 10 years unless their crime caused serious injury or death, in which case the maximum is 15 years. The individual fine can’t be more than half a million, but if a company is involved, it increases to $2.5 million.
The potential penalties and fines double for second offenses.

What to Do If You Have Been Charged with Possession of a Schedule III Drug?

If you are charged with any crime involving Class III drugs, you need a drug crime attorney to represent you and help you fight the accusations. Your personal freedom, finances, and your future depend on the outcome of the case.

Contact an attorney as soon as possible. Delays can harm your position.

What are the Penalties for Cocaine Possession in California

Jan 24, 2020

What is the Drug Policy of California?

California is one of the leaders in shifting from the criminalizing of drug use to treating it as a substance abuse problem in many situations. California has legalized adult use of marijuana and reduced the penalty for cocaine possession to a misdemeanor in some situations.

Penalties for selling cocaine are larger than those for mere cocaine possession in California. Looking at the drug schedule, we see that cocaine in California is a Schedule 2 drug on the California Uniform Controlled Substances Act and the California Health and Safety Code 11350 prohibits cocaine possession in California.

What is Cocaine Possession in California?

The penalty for cocaine possession in California depends on the type of possession you’re convicted of. When you were in control of the cocaine, such as drugs found in your pocket, purse, or body cavity, you are charged with actual possession.

• If you’re not in direct control of the drugs, such as cocaine found in your vehicle, locker, or home, it is constructive possession.
• If cocaine is found in a shared space and you were aware of its presence, it is joint possession.
• If your roommate has cocaine stored in a cabinet and you’re aware of it, that’s joint possession.

Is Cocaine Possession a Felony in California?

In 2014, California voters passed a ballot initiative, Proposition 47, that changed simple possession for personal use to a misdemeanor instead of a felony. The goal was to save money prosecuting and housing drug users in prison.

The monies saved are used to prevent future drug abuse by reducing truancy and dropouts and providing drug abuse treatment options, mental health support, and other programs that focus on prevention and recovery instead of punishment.

Possession with intent to sell by certain individuals or in certain locations continues to be a felony.

What is Simple Possession and its Penalties?

Simple cocaine possession in California is possession of a small amount of cocaine for personal use. Individuals charged with simple possession are often given a variety of options as far as the penalties.

An individual with no prior record may be offered drug rehabilitation in a drug diversion program and have the arrest removed from their record if they successfully complete the rehabilitation program.

Depending on the circumstances, individuals who plead guilty may be given probation instead of jail time. Even those who have prior records for drug possession may receive short jail terms as low as a month and not more than six months. If you have your case handled in drug court, it can help you avoid incarceration. Others may be sentenced to up to three years if they have prior convictions.

A drug crime attorney can skillfully navigate the situation in an effort to reduce your risk of a harsh sentence.
Individuals with felony convictions who have prior convictions for serious felonies or those required to register on California’s sex offender registry will face more serious penalties.

Which are the Penalties for Possession of Cocaine for Sale?

Actual possession can be a possession for personal use or possession with the intent to sell. If you’re charged with possession with the intent to sell, the penalties are much harsher. California would rather crackdown on suppliers than users.

The penalty for cocaine powder with the intent to sell can result in prison sentences of 2, 3, or 4 years. Crack cocaine convictions are a year longer. The sentence may be served by combining a year in jail with two or three years in prison.

If the person being convicted has priors, the prison time may increase by three years. Egregious actions such as selling in a school zone, selling cocaine to a minor, and selling large quantities will receive harsher penalties.

If you’re charged with possession with the intent to sell, you’re not entitled to attend drug rehabilitation instead of serving time. Probation might be an option, depending on the specifics of your case and your attorney’s ability to negotiate on your behalf.

Possession with the intent to sell includes possession with the intent to give away the drug. If you buy cocaine for your spouse or friend, you’re exposing yourself to the possibility of being charged with a more serious crime.

A conviction can result in jail or prison time and quite a few professional licensing boards, from insurance to medical, may deny you a license to engage in your occupation as the result of a conviction.

How Can I Defend Against a Cocaine Possession Charge?

Skilled defense attorneys can build a case leading to the best possible outcome based on the specific charges and facts surrounding the case. If a search was involved, challenging the lawfulness of the search is one way to approach the case.

Consult with a drug crime attorney so you’ll know your options.

Holiday Crime Prevention and Safety Tips

Dec 18, 2019

Crime increases significantly during the holiday season. Harried shoppers are easy targets when they focus on finishing their list and forget to be cautious. Homes filled with brand new electronics and other goodies also temp thieves.

General Holiday Safety and Crime Prevention Tips

If you will be away during the holidays, protect your home with these holiday safety tips. If you have a trusted friend or family member who can house sit while you’re away, so your home isn’t empty, it’s a good idea to ask them to stay. But be sure it is someone trustworthy because they’ll have unrestricted access to your home.

Holiday crime prevention is easier today because there are more ways than ever to protect your home while you are away. Several reasonably priced systems are available that record anyone who approaches the house and allows you to interact with them over your smartphone and a speaker system. If you respond when they come to the door, they won’t think your home is unoccupied unless you’ve advertised your trip on social.

Don’t post pictures from your trip until you return. Putting lights on timers that mimic your use when you are home is another good way to make your home seem occupied while you’re away.

Of course, putting a pile of presents under the tree isn’t a smart idea either. If you’ll be away, put wrapped packages away in storage bins or in an attic or basement storage space to make it harder for thieves to run off with your presents. Make arrangements to prevent mail, holiday flyers, packages, and newspapers from piling up and alerting people who are passing by that you’re away.

Safety Tips for Holiday Shopping

The best holiday safety tips for holiday crime prevention require you to think about crime prevention before you leave home and avoid risky situations.

• • Instead of carrying a purse or a wallet, wear a vest or jacket with pockets that zip and keep your credit card and ID in the zipped pocket.
    Only carry the cards and cash you expect to use. If you have a wireless credit card, a thief can pick your pocket without touching your card unless you protect the card.

• • If you have multiple RFID cards, stacking them together can confuse the scanner but encasing them in heavy-duty tin foil wrapped around cardstock provides added protection. You can also buy an RFID shield sleeve for your cards. Keep your card in the protector and only remove it when you are actually using it. Don’t lay your card on the table at a restaurant to signal to a waitress that you’re ready for your check.

• • Another holiday safety tip is that thieves can be friendly before they victimize you. Anyone who approaches you, especially if you are alone in a parking lot, may have criminal intentions.

• • Try to shop during daylight hours and bring a friend. There’s safety in numbers.

• • If you must shop after dark, be prepared and aware before you walk to your car. Have your keys in your hand as well as any safety gear. Be alert to your surroundings. Remember where you parked. There are Apps you can use that will help you remember where you left your car. You can also make a note on your cell phone to help you remember where you parked before you leave your car.

• • If you feel uncomfortable, don’t hesitate to ask mall security to walk you to your car. It’s not silly. It’s crime prevention.

• • If you make a trip to your car to drop off your purchases, relocate your car – even if finding a parking spot isn’t easy.

• • Don’t flash money or expensive jewelry. If you’re buying something at a store that screams expensive, like jewelry or a high-end electronics store, bring another bag to put the purchase into before you walk into the mall.

• • Don’t leave valuables in your car. If you must lock them in the trunk before you park.

• • Set up alerts when your credit or debit cards are used so you’ll know immediately if unauthorized access occurs.

What to Do If You’ve Become a Victim

Hopefully, you’ve prepared for this eventuality by making a list of your credit cards and the phone numbers to call to report the theft. Call as soon as you are safely able to do so.

If you come home to discover your home has been robbed, contact a burglary attorney in California who can help you deal with the aftermath. If you are wrongfully accused of theft, you need a criminal defense attorney for a free case evaluation and consultation.

We hope these holiday safety tips keep your holidays merry.