California Alternative Sentencing – Consequences for Noncompliance
In the California criminal justice system, alternative sentencing is just that. An alternative to being incarcerated. There are a wide variety of options available to the courts to hold you accountable for your criminal behavior that do not require you to serve time in custody.
However, if you fail to comply with any of the requirements of your alternative sentence, there will be consequences. Some of the consequences for noncompliance may include:
- Discharge from your counseling or treatment program;
- Termination of your county work program privilege and return to custody;
- Entry of Judgment and sentencing hearing (PC 1000.3); and/or
- A probation revocation hearing, which may lead to:
- Jail time to punish you for violating your probation; or
- Revocation of your probation and imprisonment as authorized by law.
If, for any reason, you do not comply with the terms of your alternative sentencing program, a court may issue a warrant for your arrest and/or you may be arrested on site by your probation officer and returned to court.
Discharge from Counseling or Treatment Program
If you are assigned to a treatment or counseling program, you may be discharged and returned to court if you:
- Do not show improvement;
- Demonstrate uncooperative, violent or threatening behavior;
- Do not comply with program requirements;
- Fail to complete the program;
- Fail to submit to a mandatory chemical test; and/or
- Fail to pass a chemical test.
The judge may then use his or her discretion to reinstate you or terminate you from further participation in a program. If you are terminated, you face imposition of a prison or jail sentence for the crime of which you have been charged and/or already pled guilty.
Termination from County Work Program
While you volunteer for a county work program (CWP), you are still an inmate. If you fail to show up for your assignment on time, fail to follow instructions, or arrive to work under the influence of drugs and/or alcohol, your CWP privilege may be terminated and you may be arrested or detained pending your return to custody to fulfill your original jail sentence.
Entry of Judgment (PC 1000.3)
If you were sentenced on a Deferred Entry of Judgment (DEJ) under PC 1000, the postponement of action against you may commence pursuant to Penal Code section 1000.3 upon a motion by the prosecutor, the probation department, or the court on its own, because you are:
- Performing unsatisfactorily in your assigned program;
- Not benefiting from education, treatment, or rehabilitation;
- Convicted of a misdemeanor that reflects your tendency towards violence;
- Convicted of a felony; or you have
- You have engaged in criminal conduct rendering you unsuitable for DEJ.
If the court finds true any of these scenarios, the court shall render a finding of guilt to the charge or charges to which you have already pled, enter judgment, and schedule a sentencing hearing.
Probation Revocation Hearing (PC 1203.3)
If you violate the terms of your probation in California, you may be returned to court to face a potential probation revocation hearing authorized under Penal Code section 1203.3. At this hearing, the court will decide whether you have in fact violated your probation and what the consequences for noncompliance may be.
If you are found to have violated one or more of the terms of your probation, the judge has four options:
- Revoke and reinstate your probation under the same terms and conditions as before;
- Revoke and reinstate your probation under modified and typically stricter terms;
- Revoke and terminate your probation and impose the suspended portion of your jail or prison sentence; or
- Revoke and terminate your probation and impose the maximum sentence authorized by law for your crime.
If the judge agrees to reinstate your probation, as a condition of reinstatement, you may be required to serve up to one year in jail as a penalty for violating the terms of your probation.
Speak to Our Attorneys at Wallin & Klarich Today
If you or someone you love is facing criminal charges, contact an experienced criminal defense attorney at Wallin & Klarich today. Our attorneys at Wallin & Klarich have over 40 years of experience dealing with judges, prosecutors and probation officers to help minimize the potential consequences for noncompliance or of a criminal conviction. We may be able to negotiate for a solution in your case that does not require you to serve any time in custody.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich have been successful helping our clients throughout Southern California to avoid having to serve a lengthy jail or prison sentence. If alternative sentencing is an option for you, we will aggressively fight to help you receive the best possible result in your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.