MESSAGE:

Criminal Defense

Serious Cases Deserve Serious Representation!

WE WILL FIGHT TO KEEP YOU OUT OF JAIL! YOU HAVE RIGHTS! DO NOT DISCUSS YOUR CASE WITH ANYONE, UNTIL YOU CONTACT US!

The Amerio Law Firm will do whatever we can to bring the best possible resolution to your case. As a former Deputy District Attorney, Ashley Amerio (formerly Ashley Majors) gained a reputation of being one of the toughest, most successful trial lawyers within her county. As a criminal defense attorney, she knows how to defend even the toughest cases, and how to guide your case through the system with your best interests in mind. Our offices will provide you with the time, preparation, respect, and persistence that you should expect when you hire a private criminal defense attorney.  We don’t forget about clients who are incarcerated. We will take the time to visit you or your loved one while incarcerated to discuss the case. We have successfully defended clients with all types of misdemeanors and felonies, such as:

You will have questions about how the case proceeds, what happens next, what some of the proceedings mean, and how best to prepare your defense.  Our offices are compassionate and will walk you through your case.  Our priority is successfully defending you and keeping you well informed. We pride ourselves in returning your questions and concerns in a timely manner, and explaining the process along the way. We know that understanding the system is just as important as what you're being charged with. We not only defend the citizens of Sacramento, but we handle cases in Placer County, Yolo County, El Dorado County, Nevada County, San Joaquin County, Solano County, Stanislaus County, and in neighboring Northern California Counties. We will guide you to the best result in your case.  You need a criminal defense attorney you can trust to do everything for you, treat you with compassion, and who will give you the guidance you should expect to get the best possible result. CONTACT US TODAY!

Probation/Parole

Types Of Probation

In California, many criminal defendants receive Probation as part of their punishment in their case. There are different types of probation depending on your case.  If you are placed on Summary Probation/ Informal Probation, you are not required to report to a Probation Officer. Usually, you must complete specific terms set forth by the Judge and and stay out of trouble and not commit any new law violations. If you are on Formal Probation, you must to report to an assigned  probation officer, follow all directions of your probation officer, comply with all requests (search & seizure/drug testing), and not commit any new law violations.  Probation in misdemeanor cases is generally 3 years, and in felony cases generally 5 years, however probationary terms may vary.

What Is Probation Violation?

In Sacramento County and the State of California, if a defendant breaks any of the rules or conditions that are part of the probationary period, his/her probation can be revoked, and the defendant may be incarcerated for the violation. There are many types of violations of probation, however, some common violations are listed below.

TYPES OF PROBATION VIOLATIONS
(California and Sacramento County)

• Failure to pay a fine


• Failure to pay restitution to the victim


• Failure to enroll in or complete rehabilitation or community service


• Failure to appear in court for a progress report


• Violation of probation rules, including:
  
  • Staying away from certain person(s)
  
  
  • Staying away from certain location(s)
  
  
  • Failure to reporting to probation officer when expected to do so
  
  
  • Possession of illegal drugs or weapons (guns or ammo)
  
  
  • Associating with known criminals
  
  
  • Committing new law violations
  
  
  • Being arrested even if charges are not filed
  
  

What Happens When I Violate Probation?

The violation of probation depends on how serious the violation is. If the probation is not serious, chances are the adult or juvenile defendant will be given a second chance and will be allowed to remain on probation under the same terms and conditions. If a more serious violation occurs, then there will likely be a violation of probation with some consequences.

If a probation violation occurs, the probationer may be arrested or ordered to appear court, by means of official mail notification. Depending on the case a defendant is on probation for, there may be many different punishments for violations of probation, ranging from a stern “talking to” from the Judge to a prison sentence.

PROBATION VIOLATION CONSEQUENCES

• Potential jail or prison sentence
• Probation extension
• Additional probation terms imposed
• Probation revoked
• Probation reinstated with same terms and conditions or different terms
• Community service
• Rehabilitation / Counseling / Treatment Program

What Is Parole?

PAROLE is the conditional release of a prison inmate after serving all or part of his/her prison sentence, allowing the inmate to live in the community under the supervision of a parole officer. The decision to grant an inmate parole is the responsibility, in a majority of states, of a board of parole or commission. A violation of the conditions of parole is serious, and will often result in revocation and re-imprisonment. 


Parole Violation Hearings

If there is a Parole Violation hearing, usually attorneys are excluded from the hearing. In fact, most Parole hearings involve just the Parolee, the Parolee's Parole Officer, and a small committee. Unfortunately, in most cases, an attorney cannot assist in your Parole Violation hearing.


How Can An Attorney Help?

There are a number of ways Ashley Amerio, a skilled criminal defense attorney, can prepare for your parole violation. We will prepare you for a parole hearing in the event one takes place. We can assist in gathering character, employment, reference letters, or other needed documents to present at your parole hearing. Amerio Law Firm will establish communication with the parole department, locate and interview witnesses for your defense, and obtain other needed evidence good for your defense. 

Expungements

What Is An Expungement?

To have a case “expunged” means to have it removed from your criminal record. Having a criminal conviction, either a misdemeanor or felony,  can significantly interfere with your success in the future. Having a criminal conviction may often prevent you from being hired for a job or from being allowed to enter the military.

When asked if you have been convicted of a crime, and the conviction is still on your record, you must answer “yes”.  You must also disclose any criminal conviction on your record. Answering yes may prevent you from getting a job or entering the military. Additionally, if you are not a U.S. citizen, immigration may attempt to deport you, and applications for a change in residency may be denied due to a criminal conviction. If you are affected by your criminal conviction, we can help!

Many crimes and convictions, whether felonies or misdemeanors, can be expunged from your record. In fact, some crimes give you the absolute right to have a conviction expunged. We can clear up your past so that you can move forward in your life and not look back!  We understand and have the knowledge, experience, and familiarity with the Courts to know where to file these applications and/or motions. We also know what other avenues might be available to have these convictions removed from your record (such as a Motion to Vacate Conviction or Motion to Withdraw a Plea).

Knowing the Courthouses and the parties involved (prosecutors, Judges, court staff) is just as important as knowing how to properly handle these delicate, yet time sensitive issues. We can help you secure a brighter future. Contact us today!

I’m Still On Probation, Can I Expunge My Case?

YES!! If your probation is terminated early, you can then attempt to expunge your case.

Can I Terminate My Probation Early?

Your termination may be able to be terminated early, then your conviction possibly expunged. Some terms of probation can be terminated early depending on many factors.  Those factors include: the facts of the original case you’re are on probation for, your performance and length of being on probation, your prior criminal history.   Being on probation may prevent you from doing certain things, such as, entering the military or adopting a child.