The Law Offices of Scott M. Schlegel

"Defending the criminally accused exclusively!"

Probation Violations


From time to time, we receive phone calls from clients complaining about unreasonable probation officers. We always give the same advice: swallow your pride and try to get along. The judge relies heavily on that officer’s reports in a probation hearing. The most realistic way to prevent probation from being revoked is to keep the motion to do so from being filed in the first place.

Probation Violation Help

If it appears that your probation officer will not be appeased or a Motion to Revoke has already been filed, them you must contact the Law Offices of Scott M. Schlegel immediately to discuss our strategies for defense of probation violation. The Law Offices of Scott M. Schlegel can offer effective counsel after any alleged violation of probation.

Persuasion and Reason for the Sake of Preservation of Your Freedom

In the event that a motion for revocation is filed, our offices will fight to keep you out of jail. There is no right to a jury trial for an alleged violation of probation. The prosecution doesn’t have to prove a violation beyond a reasonable doubt. However, you do have the right to a hearing and discovery materials. More importantly, you have the right to counsel who can fight the allegations.

Communicating Effectively with Judges

Some judges consider probation a sort of “contract” between themselves and the person on probation, and view any breach of that contract as an affront to the court. However, there are always two sides to a story, and you can be sure that the probation officer and prosecutor will only reveal the bad information to the judge. Many times when the Judge is made aware of extenuating circumstances, he/she agrees not to revoke. We have observed that many judges work very hard to find alternatives to sending violating probationers back to jail.

Scott M. Schlegel has a great deal of knowledge and experience to offer in these situations. Because he practices exclusively in San DiegoCounty, and practices only in the field of criminal defense, Mr. Schlegel knows the local judges, and know what to expect from them.

We Advocate for Clients at Parole Hearings

Parole is a time period after a prison inmate has been conditionally released from state prison, which allows the prisoner to reside in the community under supervision. 

A Parole Violation occurs when the defendant violates any of the rules of parole.  In some cases, a parole violation hearing is required, which includes the Parolee, the Probation Officer, and a committee of selected individuals.  Attorneys are generally excluded from parole violation hearings.

Probation differs from Parole in that probation follows a county jail sentence, whereas parole follows a state prison sentence.  Probation may also be assigned when jail time is not part of the defendant’s sentence. 

At the Law Offices of Scott M. Schlegel, we can successfully defend an individual who is facing a Parole Violation or a Probation violation. 

 

If you are facing a Probation or Parole violation hearing
then you must
Call (619) 296-6026