Criminal Defense
Probation Violations in California
What Is a Probation Violation?
When you are placed on probation, you must comply with specific conditions—such as no new offenses, no drugs or alcohol, reporting to a probation officer, completing programs, or staying away from certain people or places. Failing to comply can result in a probation violation and a hearing.
Common Violations
- New criminal arrest or conviction
- Positive drug test
- Failure to report to probation officer
- Failure to complete court-ordered programs (DUI school, batterer\'s program, etc.)
- Traveling without permission
- Contact with protected persons (e.g., in domestic violence cases)
The Violation Hearing
At the hearing, the prosecution presents evidence of the violation. The burden of proof is preponderance of the evidence (more likely than not). Your attorney can challenge the evidence, present mitigating factors, and argue for reinstatement or minimal sanctions.
Possible Outcomes
The judge may: reinstate probation (possibly with modified terms), impose a short jail sanction (e.g., 30–90 days) and then reinstate, or revoke probation and impose the full suspended sentence. Having an attorney significantly improves the chance of a favorable outcome.
Frequently Asked Questions
What happens if I violate probation in California?
The court can revoke probation and impose the suspended jail or prison sentence. Alternatively, the judge may reinstate probation with modified terms (e.g., additional jail time, stricter conditions). An attorney can argue for reinstatement or minimal consequences.
Do I have a right to a hearing for a probation violation?
Yes. You have the right to a formal hearing where the prosecution must prove the violation by a preponderance of the evidence. You can present evidence and witnesses. In some cases, you may have the right to counsel.
Can I get probation reinstated after a violation?
Yes. Judges have discretion. Factors include the nature of the violation, your overall compliance, employment, family, and rehabilitation efforts. An experienced attorney can present a strong case for reinstatement.
Need Legal Assistance?
Contact the Law Offices of Steven A. Alexander for a free consultation. Offices in Santa Ana and Fresno. Bilingual (English/Spanish).
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