Video – Attorney Kirk Tarman Discusses Whether A Probation Or Parole Violation Is Just A Punishment Enhancement!
Video Transcript
Ray Hrdlicka – Host – Attorneys.Media
“Well, applying probation and parole to other charges, or other types of crimes, whether it’s drugs, assault, etc., etc., whatever. If it’s within that time period, then we’re talking about the violation of probation. Will the DA pursue it in the same way? Well, go back and say, ok, this is the maximum, because you’re on probation/parole. So, it sounds like it’s only viewed as a punishment enhancement, enhancement.”
Kirk Tarman– Criminal Defense Attorney – San Bernardino County, CA
“Well, again, it is, generally speaking, yeah, if you violate a felony, violation of probation, and they find by the preponderance of evidence that you did violate that probation for one reason or other, again, they can sentence you up to the maximum amount of that felony, which is usually sixteen months, two years, and three years. There’s new cases…
But really that the two years, the mid-term is the presumed sentence, unless you have aggravating circumstances. So, they can, generally speaking, they can immediately give you that two years for the violation of probation. They only have to show, by a preponderance of the evidence, and then the new charge. And that one is completely separate. So you can get the new charge, let’s just say you get convicted of that one. And then they can tack on the violation of probation to just add to the sentence, basically. So yeah, it’s a control mechanism. And if you violate it, they can punish you more harshly.”
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