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  • Former Deputy San Diego City Attorney
  • Former USMC Captain
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Attorneys William R. Christoph & Nicholas W. Christoph

Is a probation violation warrant issued for misdemeanors?

On Behalf of | Jul 5, 2014

Probation violation warrants for arrest are issued for a misdemeanors.  However, with misdemeanor warrants, an attorney can almost always appear without you and get the warrant recalled.  There could be additional consequences for violating, but an experienced criminal defense attorney knows how best to try to avoid that.  There are two types of warrants, one for failure to appear on an open case, and the other is failure to do what was ordered as part of your probation sentence.

Misdemeanor probation violation warrants ususally involve failing to attend or complete a program, public work, pay a fine or a new law violation .  Whenever you are given probation, there are usually affirmative obligations beyond simply not violating the law.  There are also things like proof of restitution, MADD, volunteer work or counseling required to be filed with the Court by a deadline date.  Failure to file proof or negative reporting from programs or public work trigger a warrant for your arrest.  You do have a right to an evidentiuary hearing to prove whether you violated, and admission or finding of violation  allows the Court to resentence you and impose additional consequences up to the remaining fines and time on your case.  Often, it is possible to explain the reason to the Judge, and get another chance on probation without additional penalties, but it depends on the case, prior violations and the violation itself.

Misdemeanor probation violations warrant result in people being jailed everyday, whether law enforcement comes to your house or stops you for a traffic violation, you are subject to arrest.  It is best to get these warrants recalled and addressed as quick as possible rather than being jailed at a very inconveinient time.  Contact the experienced criminal and DUI defense attorneys Nicholas and William Christoph at Christoph Law Offices by calling 760-670-3885 for a free consultation.  They have been across from Vista Courts for over 32 years and can help you achieve the best result and recall your warrant.



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