Video – Attorney Darryl Stallworth Discusses How The How And Why A Probation Violation May Be Charged

Ray Hrdlicka – Host – Attorneys.Media

An interesting fact is that about 800,000 people a year get arrested in California, and then about 600,000 go through the criminal process.  Well, obviously the vast majority of those don’t go to trial, or else it would clog up the court system.  And so they’re going to do a plea deal.  And I would suspect part of the plea deal is probation after, or probation, either during or after their jail sentence.  Whether or not jail sentence does exist. 

On your website, you have probation violation as a key factor in your law practice.  Do they look at probation violation as a singular charge, or is it more of add-on to maybe another charge?  And I guess what I’m trying to say is… are they looking to violate everybody’s probation?

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

If you’re on probation for a serious violent crime, and you commit another serious violent crime while on probation, you’re going to be charged with the new crime, and they’re going to have a petition to violate your probation.  That’s a no-brainer…that’s going to happen every time, all the time.  If you’re on a misdemeanor probation for having a bar fight, and you steal a candy bar from out of the store, you’re likely not going to get a new charge.  You’re going to get…”you violated, your probation, because we told you not to get in trouble again.  You stole that candy bar.  We’re going to give you another fifteen days and be done with it.” 

So, there’s some sort of management with the volume of what we get that you can’t, you know, make double charges for things that aren’t necessary.  That’s the high spectrum.  Violent crime, violent act…on probation.  But small probation,  misdemeanor probation, you don’t even have a probation officer.  Nobody’s monitoring you.  All you have to do is just not pick up a new case and your probation will expire without any fanfare. 

But on felony probation, you’ve got a probation officer.  They’re going to check on you.  And if you pick up another case,  anything similar to what you’re on probation for, you’re going to get the petition to violate and the new charge.