Los Angeles Criminal Defense Lawyer Blog

The problems just continue for troubled actress Lindsay Lohan.

She was recently jailed for a probation violation in Los Angeles and later kicked out because of overcrowding. Her next assignment, according to the Los Angeles Times, was to volunteer at the county morgue. But, as TMZ.com reports, she showed up 40 minutes late and wasn't allowed inside. This is after she violated probation for not volunteering at a community center as ordered.

All of the issues stem from a 2007 DUI, when she was placed on probation. But many people, like Lohan, don't take probation as serious as they should. Los Angeles criminal defense lawyers have seen many people thankful they avoided jail time and instead were sentenced to probation.

But after a few months when they have made several violations -- either not completing community service hours, not reporting to their probation officer, not making an effort to find a job or stay off drugs and alcohol -- the reality sets in that they could face major penalties.

In California, a person who violates probation can be sentenced to the full term of the charge. For instance, if the possible penalty for a charge is three years in prison and the defendant is sentenced to probation and they violate, they can be be sent to prison for the entire three years.

Lohan was jailed briefly after taking a tongue-lashing from a judge for "blowing off" her court-ordered community service and instead flying around Europe. Her attorney said that the trips were in order to find work so she could support her family.

Because of jail overcrowding, Lohan has never really served much time behind bars. Because felons have been forced to spend time in jails rather than prisons, many non-offenders are being kept out of custody.

The judge also ripped Lohan for saying that working at a woman's shelter wasn't "fulfilling." The judge told her the community service wasn't meant to benefit her, but others.

After being released from custody, she was told to begin serving time at the county morgue, but was turned away there, TMZ reports, because she showed up nearly an hour late.

Because she wasn't required to serve community service hours on the specific day, but only to put in 16 hours by Nov. 2, it won't count as another probation violation. But it may not help her case, either.

For those defendants who get a break like probation over incarceration and still mess up, they can be assured they won't get many more chances. If they, like Lohan, get the option to get back on probation after a clear violation, they should dedicate themselves to not messing up again.

While issues of overcrowding have hamstrung many judges throughout Los Angeles and statewide, they still have the authority to put someone in jail for a probation violation. That's why it shouldn't be taken lightly. And if they continually violate probation, they could end up learning the hard way, by being stuck behind bars for a long time.

Continue reading "Lindsay Lohan Probation Violated; Sent to Jail in Los Angeles" »

R&B heavyweight Chris Brown could have pulled a jail sentence for battering girlfriend Rihanna (see Monday's post), but his criminal defense attorney convinced the L.A. judge to gave him a second chance. Essentially, that's what probation is; the court is giving you a chance to change your behavior and live within the law. Naturally, this opportunity comes with a short leash. You must precisely follow the terms of your sentence for the entire probationary period -- in Brown's case, 5 years -- or face often severe consequences, including jail time. If you break any of the rules imposed by the court during your probationary period, you are considered in violation of your probation. Your probation can be revoked, and you can be arrested and taken to jail.

A number of factors and the skill of your criminal defense attorney in presenting your case to the court can influence the judge's decision at a probation violation hearing, including:

• Seriousness of your probation violation


• Number of times you have violated probation


• Mitigating or aggravating circumstances


• Timing of the violation (early or late in your probationary period)


• Involvement in a new crime


• Recommendation of your probation officer

Los Angeles criminal defense lawyer Stephen Rodriguez notes that a skilled criminal defense attorney can "effectively negotiate alternatives to jail" in cases of probation violation. Not only can an experienced criminal defense attorney properly prepare you for your hearing, but he can gather character, employment and reference letters to present to the court and locate and interview witnesses who can aid your defense. Particularly important, an expert criminal defense attorney like Stephen Rodriguez who has a respected, professional relationship with the Los Angeles probation department can establish useful communication with the department and your probation officer. He may be able to get your probation reinstated or have community service or counseling ordered to keep you out of jail.

In Los Angeles County, probation gives defendants a chance to turn their lives around while providing some support and guidance to help them succeed. (See our March 9 post on how the probation process works in Los Angeles County.) But once you're back on your home turf, hanging with your old friends, it can be easy to fall back into old habits and break the terms of your probation. "In Los Angeles County and the State of California, if a defendant breaks any of the rules imposed upon him or her during the probationary period, his or her probation can be revoked and jail time can be required," warns expert Los Angeles criminal defense attorney Stephen Rodriguez.

A defendant can be considered in violation of his parole if he:

• fails to pay a fine


• fails to pay restitution to a victim


• fails to complete community service


• fails to enroll in or complete drug/alcohol rehabilitation


• fails to appear in court for progress reports


• fails to report to his parole officer as scheduled


• possesses illegal drugs or weapons


• associates with known criminals


• commits a new crime


• is arrested, even if not charged

If the parole violation is not too serious, the defendant may be given a second chance; however, violating your parole can result in arrest and incarceration. Whether you are arrested or notified of a parole violation by mail, a court hearing will be scheduled during which the prosecutor must prove that you violated the terms of your probation. If the court finds you in violation, it can revoke, reinstate or extend your probation. Additional consequences can include jail time, additional probation terms, community service, physical labor, rehabilitation, counseling and other treatment programs.

Representation by a skilled and experienced probation attorney like Los Angeles criminal defense lawyer Stephen Rodriguez can positively affect your probation hearing. An expert probation defense attorney can properly prepare you to answer effectively at a hearing and protect your legal rights during a hearing. He can gather character and employment references and witness testimony to present on your behalf. A long-time Los Angeles criminal defense attorney like Stephen Rodriguez will have the critical relationship with the L.A. prosecutor's office and probation department necessary to effectively negotiate alternatives to jail.

If you are convicted of a criminal offense in Los Angeles County, you may be granted probation by the court or you may be required to serve a period of probation as part of your sentence after completing jail time. Probation allows the defendant provisional freedom on the condition of promised good behavior. In effect, if you promise to obey the law and follow any conditions imposed by the court, you are allowed to live and work in the community as a free individual. However, probation also puts you on a short leash. During the usual 3-year probation period, you are required to report to a probation officer, usually on a monthly basis, and keep the officer informed or your whereabouts. (Summary probation does not require reporting to a probation officer.) There may also be other requirements imposed by the court with which you must comply that the probation officer will monitor. Probation is a trial period. If you follow the rules, you earn your freedom. Screw up and you're back in jail.

I got to thinking about probation when I read about the death of respected Los Angeles County probation officer Mary Ridgway in the Los Angeles Times. A 42-year veteran of the L.A. County Probation Department, Mary saw it all. An expert on Eastside gangs, Mary guided more than 5,000 youths through the Los Angeles probation system. She was not afraid to drive the barrio streets to check up on her charges or haul probation violators back to jail. But she also spent countless hours of her own time shepherding young offenders to museums, restaurants, sports events and concerts in an effort to help them succeed. Mary gave many of her charges the encouragement to graduate from high school and go on to college. She helped many others find jobs. It was no surprise that many former gang members and young offenders were among the 700 mourners who attended her funeral.

"She believed success is not how many you can lock up but how many can have lives," Father Gregory Boyle, a well-known gang interventionist, told the Los Angeles Times. That's the essence of probation. It gives offenders a chance to turn their lives around and provides some support and guidance to help them succeed. During probation offenders may be required to attend counseling sessions, perform community service, complete physical labor or undergo drug testing. Activities are monitored by the probation officer. "In Los Angeles County and the State of California, if a defendant breaks any of the rules imposed upon him or her during the probationary period, his or her probation can be revoked and jail time could be required," warns expert Los Angeles criminal defense attorney Stephen Rodriguez.

Next time: What happens if you break probation?