Probation Violation Overview  P.C. 1203

In California, probation is often part of the criminal process. Probation is generally used as an alternative or in an addition to a jail or prison sentence. Some sentences allow the defendant to completely avoid incarceration by completing probation and other requirements. When probation is offered as a term of a defendant’s sentence, the individual is permitted to remain a member of the community (after they serve jail time if necessary).

Generally there are two types of probation laws in California, formal and informal probation. Formal probation, also known as supervised probation, requires the defendant to meet with a probation officer on regular basis. Informal probation requires the defendant to abide by certain probationary terms and to stay out of trouble. Probation may also include, community service, drug testing, counseling, labor, or even jail time.

A violation of probation is a very serious matter. Depending on the severity of the violation, the defendant may face additional jail or prison time. Once the authorities discover that a defendant violates the terms of their probation, there is likely a warrant issued out for their arrest. When the defendant is placed under arrest, the defendant may be ordered to appear in court for a probation violation hearing.

At the hearing, the Judge and Prosecution will take into consideration factors such as the seriousness of the defendant’s probation violation, history of prior violations, and any new criminal activity. The prosecution must prove that there was a violation by more than 50% of the evidence, as compared to “beyond a reasonable doubt” during a criminal trial.

Violations of probation can occur in many different ways. Common forms of violations include: violating the rules set by the court, failing to report to a probation officer, committing a crime, possessing illegal substances, failing to appear in court, failing to pay and many other possibilities.

The consequences of a probation violation may include a revocation of the probation and imposition of jail or prison time, an extension of the probationary period, reinstatement of probation with different terms, community service, treatment programs and other possibilities.

When a probation violation occurs, an aggressive and experienced California probation violation attorney from Wallin & Klarich can represent you at your probation violation hearing. If you have violated probation or think that you may have, it is best to immediately contact Wallin & Klarich so we can put our 30 years of experience and team of attorneys to work in your favor. Call us today at (888) 749-0034. We will be there when you call.