Probation Violations – How is Probation Violated?

Under California Penal Code Section 1203.2, if an individual is released on probation, whether under the care of a probation officer or not, a probation officer has the authority to rearrest the defendant and bring them before the court so long as there is probable cause for the officer to believe that the probationer is violating a term of their probation.

Probation violations can range from minimal charges such as failing to appear in court to a much more serious offense such as a possession of an illegal substance or weapon. Depending on factors of the case such as the severity of the probation violation, the court will decide the consequences.  The most common types of probation violations include:

• Failure to Report- the terms of probation may require that the defendant report to a probation officer during scheduled times; failing to appear may result in a probation violation.
• Failure to Pay- the terms of probation may require that the defendant pay fines or restitution to the court or victim; failing to pay may result in a probation violation.
• Failure to Appear- the terms of probation may require that the defendant to appear at scheduled court hearings; failing to appear for the court appearance may result in a probation violation.
• Failure to Comply- the terms of probation may require that the defendant attend a rehabilitation program or do community service; failing to comply with these terms may result in a probation violation.
• Violation of the Rules- the terms of probation may require that the defendant abide by certain rules such as being prohibited from visiting certain individuals and locations; failing to comply with these terms may result in a probation violation.
• Possession of Illegal Substances- If the defendant is found in possession of an illegal substance such as drugs or a weapon the defendant will be in violation of their probation terms.

Committing Crimes- If the defendant is found to be committing a new crime during their probationary period, it will result in a violation of the terms of the defendant’s probation.