Probation Violations

Federal Probation/California Probation - Probation Violation Attorney

If you have violated the conditions of your parole or probation, you may face up to an additional year in jail. Therefore, when facing a probation violation hearing, it is important to have an experienced lawyer on your side who will truly advocate for your interests. Contact the Law Offices of Holden W. Green, A Professional Corporation to speak with a knowledgeable parole and probation violation lawyer.

Federal Probation Violation: Violation of the terms of your federal probation can have strict consequences, which are often more harsh than penalties for violation of state parole. A federal judge - not a prison parole board - will make all decisions regarding your probation, including probation violation sentencing. Federal probation violation sentences may involve revocation of probation for more than a year (sending you back into custody), extension of probation to the original violation term, less time spent in custody, or other penalties.

In federal probation proceedings the judge has discretion in sentencing. There are no strict sentencing guidelines which the judge must follow and the judge is free to accept or reject recommendations by the U.S. Attorney or probation officer.

Effective legal representation in federal probation proceedings may dramatically influence the federal judge's decision, reduce prison time, and even extend probation down to no jail time. When facing federal probation violation charges, it is critical to speak with a criminal defense attorney experienced in such matters. Attorney Holden Green has the experience, reputation, and perseverance to protect your interests. He speaks directly with your probation officer, working to negotiate results in your favor. In addition, he works to mitigate the offense by presenting letters of support or evidence of positive behavior while you were out of custody on probation.

Pre-Sentence Investigation and Supervision Units

Many districts have split their Probation Officers into Pre-Sentence Investigation Units and Supervision Units. Pre-Sentence Investigators conduct comprehensive investigations into the background of defendants convicted of federal crimes. Upon completion of their investigation, they are required to submit a sentencing recommendation to the presiding judge. Often times, they are also asked to confer privately with judges regarding their recommendation. Officers assigned to Supervision Units supervise felons convicted of federal crimes who are released into society on either Supervised Release or Probation. Supervision Officers must enforce court ordered conditions and are mandated to use their discretion and skills to mitigate the offenders risk to society.*

Probation Violation: Failure to pay court-ordered fines, failure to pay restitution, failure to check in with your probation officer, or failure of an alcohol or drug test may be considered violation of probation. Again, while these actions would not otherwise be punishable, they are in probation violation proceedings. You may be placed in jail and ineligible for bail until the probation violation issues are resolved. While the judge will permit you to attempt to resolve the matter without an attorney, it is critical to have experienced legal counsel on your side.

Experienced Guidance through Probation Violation Hearings

If you have been arrested for violation of probation or parole, the prosecutor may ask you to surrender credits that you have accrued for previous time served. While Attorney Holden Green comprehends the importance of getting credit for every day you have spent in custody, it is sometimes in your best interest to forfeit credits. He evaluates your case and helps you understand the benefits and detriments of surrendering the credits. Additionally, he is experienced at negotiating with parole and probation officers for more favorable offers.

Working to Preserve Your Rights and Your Future

San Jose defense lawyer Holden W. Green is a former state appointed panel member for probation hearings and violation procedural matters. The panel is under the CDC (California Department of Corrections) for San Quentin This experience give the Law Office of Holden W. Green the "inside edge" to provide clients with comprehensive knowledge of probation matters. As a private practice attorney, Mr. Green can provide clients with the dedication, loyalty, and personal attention that their specific matter commands.

If you or someone you know is facing a parole or probation hearing, trust in the experience and commitment of criminal defense attorney Holden Green. He knows the law, the strict deadlines, and the procedures for protecting you-the client. He has helped hundreds of people just like you. Contact the San Jose law firm today for a free 35 minute consultation.

*Text from the Federal Bureau of Prisons homepage.

The Law Offices of Holden W. Green, A Professional Corporation represent clients located throughout San Jose, California and all of the surrounding areas, including Palo Alto, Sunnyvale, Fremont, San Martin, Santa Cruz, Watsonville, Gilroy, Santa Clara County, Alameda County, San Francisco County, Santa Cruz County, and San Mateo County.

* pursuant to State Bar Rules of Court Rules of Professional Responsibility /California Codes and Rules