March 7, 2022 By Paul Wallin

AB 1228: Own Recognizance Release for Probation Violations

Assembly Bill 1228, a newly-enacted law, addresses the issue of bail and own recognizance release for people who are taken into custody for probation violations. This law applies to both formal and informal probationers. Existing law provides that a peace officer may take a probationer into custody without a warrant or other formal process on probable cause that the probationer is violating his or her terms of probation. The court has the ability to release the probationer on terms and conditions the court finds reasonable to ensure a return to court for a revocation hearing unless the probationer is serving time under flash incarceration (one to ten day incarceration authorized by law for violation of probation).

AB 1228 | New Changes

The new assembly bill commands the court to release supervised persons on their own recognizance after being arrested for probation violations before a fact-finding revocation hearing can be held. Many judges previously had a policy of keeping supervised persons accused of probation violations in custody for an extended period of time as punishment and to try to stop future violations. However, under the new bill, the court may only keep a probationer incarcerated prior to a revocation hearing if there is no other reasonable way to ensure his or her appearance in court or protect the public/victim from harm (this is common in stalking and domestic violence cases where the conduct belying the violation is harassing the victim).

         The law also prohibits the imposition of cash bail prior to a formal revocation hearing unless the court determines there is no other reasonable method to ensure that the probationer appears in court or complies with the terms and conditions set by the court. If cash bail is imposed, this law also requires that the court consider the person’s ability to pay or post bond.

Contact Wallin & Klarich Today

AB 1228 is important because it requires that people arrested for probation violations be released on their own recognizance or at least offered reasonable bail prior to a revocation hearing. This is very important to the handling of your case as it will be much easier to stay in contact with your attorney, your family, and to continue your employment. This bill serves as a potential remedy to those who were being punished for their arrest on suspicion of probation violation before a court even decides if they are guilty.

         The attorneys at Wallin & Klarich have over 40 years of experience and can help you or a loved one if they are being accused of a probation violation. With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, West Covina, Torrance, and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located. Contact our offices today at (877) 4-NO-JAIL or (714) 831-5293 for a free phone consultation. We will be there when you call.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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