Probation & Probation Violation in California

A probation violation is a serious issue in California and may involve steep consequences. When you are on probation, you often avoid consequences like going to jail. In other cases, probation may actually shorten the length of a jail sentence. When probation is violated, however, these benefits disappear. Learn more about probation and the consequences of violating it in this blog.

What Is Probation?

Probation is typically put in place by a judge as part of a sentence, in addition to or instead of incarceration. It comes with conditions: for instance, you might face a fine in relation to the crime you are convicted of. You might also be ordered to perform community service, like picking up trash with a road crew certain days of the week. The hours of your service depend on the severity of the offense.

If you have been convicted of a DUI or DWI, you may be required to abstain from drugs or alcohol during the probationary period.

Electronic monitoring, which may be via a SCRAM device in the case of multiple DUIs, may send information about your alcohol use and location to authorities. DUI convictions may lead to the installation of ignition interlock devices as well.

You may be ordered to pass drug tests, often administered randomly. Some probationary terms might require that you stay employed over the course of the period, or that you attend therapy sessions.

In cases that involve domestic violence or assault, you may be ordered not to have any contact with the victim as part of your probation terms. In cases that involve sexual offenses, you may be required to register as a sex offender.

What Is a Probation Violation?

If someone has accused you of violating probation, authorities have determined that you have broken the conditions applied to your case by your judge. For instance, you may have fallen behind on restitution payments, or perhaps you have failed a drug test. Any violation of any single term, no matter how big or small could lead to a breach on your record.

What Happens After a Probation Violation?

If you violate probation, an officer may arrest you - even for a small offense. Authorities may issue a warrant so that they can arrest you on sight. In some cases, you are eligible to post bail. Bail is up to the judge's discretion.

After an arrest, you will face a probation revocation hearing. You have the right to have legal representation at this hearing and to call witnesses on your behalf. You also have the right to present your case and testify on your own behalf, addressing the evidence against you. The prosecution, on the other hand, will try to prove beyond a reasonable doubt that you are in violation.

You must also take note that a judge oversees probation violation hearings, not a jury. During sentencing, the judge will take into account your criminal history, original sentence, violation severity, and any recommendations made by probation officers.

Your sentence might include reinstatement of your original probation sentence, but it also could involve a slight modification. For instance, your judge could make the provisions of your sentence more strict or increase the length of probation. In serious cases, the judge could decide to revoke your probation entirely.

Do You Need an Attorney for a Probation Violation?

You should hire an attorney to approach your probation violation hearing. After all, a criminal defense attorney will understand your rights and know how to defend you in court. Your attorney will use their skills on your behalf to potentially eliminate or minimize jail time.

If you've been accused of violating your parole, get in touch with Ralph Torres Attorney At Law. Set up a consultation today to ensure that you can protect your rights in court.