Law Offices of Daniel V. Behesnilian

09/14/2022

https://youtu.be/OXqPFY_x2AY

''Nous devons agir pour demain depuis toujours. Réagissons aujourd'hui''.Nous sommes fiers de lancer notre première campagne d'appel aux dons mensuels : L' A...

11/12/2021

11/14/2016

Dead or alive the Feds will get you .....or do they ?

Facing charges of healthcare fraud, Tigran Svadjian, a Newport Beach doctor, agreed to go undercover for federal prosecutors.

11/07/2016

Politics as usual

Senior officials warned the F.B.I. director on policies against talking about current criminal investigations or being seen as meddling in elections.

10/24/2016

Steady Demand for specialized expertise in the legal job market

For several years, one of the biggest shifts in the legal job market is the steady demand for specialized expertise. The career potential is high for ski...

08/30/2016

Know when you can say No.

One very often used tool in the law enforcement tool box is the power to intimidate citizens into voluntarily giving up their rights, usually without even realizing they are doing it.

08/15/2016

Difference Between FELONY and MISDEMEANOR.

http://criminal.laws.com/felony/felony-versus-misdemeanor

07/25/2016

06/10/2016

MAJOR DIFFERENCES BETWEEN PROBATION AND PAROLE

Before analyzing the major differences between probation and parole, it will be helpful to have a better understanding of their basic definitions. Then, from that foundation, we can explore the points of diversion between the two legal terms. So, what exactly is probation? And, what is parole?

Probation Is a Form of Criminal Sentence Without Serving Time

Probation is a type of criminal sentence that permits the offender to remain in the community setting in lieu of serving time in a jail environment. The defendant remains free so long as the terms of the probation are being met. Conditions of probation might include reporting to a probation officer on a regular schedule; refraining from the use or abuse of alcohol and/or drugs; maintaining regular employment or continuing with schooling; not changing a residence without advanced notice and permission; and not committing a criminal offense while on probation. The particular conditions of probation may vary widely from one defendant to another depending on the offense committed, the offender's criminal history, the presence of victims and how they were harmed, and other specific facts and circumstances.

Parole Is the Early Supervised Release from Jail

Parole, on the other hand, is the supervised release of an inmate from a jail sentence. The prisoner is released from jail into the community before the natural conclusion of the original jail term as sentenced. The conditions of parole are similar to those imposed under probation, including regular reporting to an assigned parole officer.

What Happens if an Offender Violates Conditions of Probation or Parole?

When criminal offenders violate the terms of their probation, it is likely they will be resentenced to jail for a period of incarceration. When offenders violate the conditions of their parole, they are usually sent back to jail under the terms of their original sentence. So, a violation of probation often results in the sentencing to a new jail term for the offense of violating the terms of probation, while a violation of parole warrants the return to jail for the remainder of the original prison term.

If you or someone you know has questions or concerns about parole and/or probation, or any criminal law matter, it is prudent to consult a criminal defense attorney as soon as possible. Time is likely of the essence in defending a criminal charge, raising a defense, and exploring the best legal options.

06/10/2016

WHAT IS PROBATION VIOLATION?

If you are lucky enough to get probation after being convicted of a crime, you will have to follow strict rules. The consequences for breaking those rules, called probation violation, can be severe and may include steep fines or jail time.

Probation Explained

In order to understand probation violation, you must know the rules of probation. The specifics vary by state, but in general, probation is a punishment for committing a crime that allows you to spend less time in jail or avoid jail time altogether. In exchange for this leniency, you agree to certain restrictions on your life. Common probation rules require you to:

Meet with your probation officer on a set schedule
Attend counseling related to your offense, such as drug or alcohol abuse or anger management
Get random drug tests
Stay in a specific geographic area and/or wear a monitoring device
Avoid contact with known criminals, such as members of your gang or other associates
Perform community service
Probation is usually available only for misdemeanors and first-time offenders.

Examples of Probation Violation and Consequences

Probation violations usually take one of two forms: technical violations or new offenses. In both cases, the violation is considered a continuation of your original criminal case.

You commit a technical violation when you break one of the rules the court has set for your probation:

Skip a meeting with your probation officer
Fail a urine test
Associate with people you are supposed to avoid
Fail to pay ordered fines or restitution
Your probation officer will often handle technical violations. For a minor or first violation, you may get only a warning. For more serious or repeat violations, your probation officer may report you to the court and you will be required to attend a hearing. At the hearing, a judge will determine if you have committed a parole violation and will set your punishment. Punishments can vary based on the severity of the violation and your history of probation violations. Potential consequences include the following:

Extension of the length of your probation
Short jail stay followed by continuation of probation
Revocation of probation, resulting in the jail time you had previously avoided
Payment of a fine
Breaking the law while on probation can cause you twice the amount of trouble. Not only is it a probation violation, but it also opens a new criminal case against you, separate from the violation charge. You will face both a probation violation hearing and charges for the new crime.

If you or a loved one is facing probation violation charges, talk with a criminal defense lawyer to discuss your options.

05/31/2016

Here are some common defenses that criminal defendants raise.

05/24/2016

Many job applications ask an applicant whether or not he or she has ever been convicted of a felony. Hoping that the employer will not check, some applicants indicate that they have not when this is n