Probation Violation Consequences

When a defendant is convicted of a crime, he/she must appear before a judge for sentencing. This is where the judge will decide to what sentence to impose for the crime the defendant allegedly committed. The Judge has the authority to impose jail or prison time, probation, or both.

For example, an individual who is convicted of second degree burglary (P.C. 459) may serve a prison sentence of sixteen months, two years, or three years. The judge may choose to sentence the defendant to two years, yet can suspend sentencing and have the defendant only serve probation.

However, if the defendant violates the terms of their probation, the judge has the authority to impose one or more of the following consequences:

• The Judge May Revoke Probation and Impose Sentence- To use the example above, if the judge imposed a two year prison sentence, yet suspended sentencing so that the defendant only had to serve probation, the judge has the authority to revoke the terms of probation and may impose the original two year prison sentence.
• The Judge May Revoke Probation and Then Reinstate it for an Extended period of time- The judge has the authority to revoke the defendant’s probation and reinstate a longer period of probation.
• The Judge May Require That the Defendant Attend Counseling- For instance, the judge may ask the defendant to attend counseling for drugs, domestic violence, sex, etc.
• Reinstatement of Probation with Different Terms or Same Terms- The Judge may revoke the defendant’s probation; however reinstate it with additional terms such as counseling, community service, etc.

• Community Service/ CalTrans- The Judge may require the defendant to do community service or physical labor such as CalTrans, cleaning trash on the freeways.
• Rehabilitation or Treatment Programs- the court may require the defendant to enter into a treatment or rehabilitation program such as a drug treatment program.

Notes:

Under California Penal Code Section 1203.3, the court has the authority at anytime during the term of probation to revoke, modify, or change its order of suspension or execution of sentence. Before any sentence, term, or condition of probation is modified, the court will hold a hearing before the judge. If the sentence or term is modified, the judge will give their reasons for modification.