Probation Violation Consequences California Penal Code 1203.3 PC
Modification or Revocation of your Probation
Under California Penal Code Section 1203.3, the court has the authority to revoke, modify, or change its order of suspension or execution of your sentence if you are found guilty of violating your probation. At the conclusion of your probation revocation hearing, you will appear before the court for sentencing. The judge has wide discretion in determining the probation violation consequences and will consider several factors such as the seriousness of your probation violation, your history of prior violations, your prior criminal history, and any recommendations made by the probation department. If your probation is revoked, the judge will usually impose your original sentence. In some cases, however, if your probation is revoked, the judge may impose the maximum sentence allowed by law. Thus, it is imperative that you talk to one of our attorneys experienced in probation violation cases if you are being charged with violation of your probation. After consideration of these various factors, you may face the following probation violation consequences.
Probation Violation Consequence 1:
Judge may revoke probation and impose original sentence
If the judge suspended your original sentence and ordered probation in lieu of jail time, a violation can result in the revocation of your probation and imposition of the suspended jail or prison sentence. For example, suppose you are found guilty of committing grand theft — a crime that is punishable by 16 months, 2 or 3 years in county jail — and you are sentenced to 2 years in county jail, but the judge suspends this sentence and grants you probation instead.
You are later found to be in violation of your probation and brought before the same judge for sentencing. The judge can now order the revocation of your probation and impose the previously suspended 2 year county jail sentence.
Probation Violation Consequence 2:
Judge may revoke probation and impose maximum sentence allowed by law
If you have committed a probation violation, the judge can revoke your grant of probation and sentence you to the maximum punishment allowed by law. For example, if you were convicted of a felony crime that carries a possible punishment of 16 months, 2 years or 3 years in county jail, the court may have placed you on probation and not imposed any jail time when you were sentenced. However, if you violate probation, the court has the legal authority to now sentence you to up to three years in county jail.
Probation Violation Consequence 3:
Judge may extend probation term length
If you are found in violation of your probation, the judge can revoke your probation and reinstate its terms for an extended period of time.
Probation Violation Consequence 4:
Judge may order counseling
The judge can order you to attend counseling for anger management, substance abuse, etc. as an additional term of your probation.
Probation Violation Consequence 5:
Additional probation terms
The judge can order new or additional terms of your probation that would best serve the interests of justice.
Probation Violation Consequence 6:
The judge can order you to perform community service for a local charity organization or government entity such as CalTrans.
Probation Violation Consequence 7:
Substance abuse treatment programs
If you are found in possession of illegal narcotics or alcohol, the court can order you participation in substance abuse or rehabilitative treatment programs as a condition of your probation.
How Many Times Can You Violate Probation?
Even your first probation violation can carry grave consequences. Repeat probation violations can lead to even harsher consequences. In many cases, if you violate probation more than once, you may lose your right to probation altogether and be re-incarcerated. Because of this, it is important that you understand the terms of your probation and avoid violating them.
Finding an Experienced Probation Violation Attorney at Wallin & Klarich
The consequences of a probation violation in California can be severe and potentially life changing. If you or someone you know has been accused of violating probation, you need to contact an experienced probation violation attorney who will carefully review the facts and the law to give you the best representation possible.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville and West Covina, Wallin & Klarich has over 40 years of experience in defending our clients in probation revocation hearings. We will carefully review the evidence against you and help you win your probation violation hearing.
Call Wallin & Klarich today at (877) 466-5245 or fill out our confidential form. We will be there when you call.