Do Probation Violations Have a Statute of Limitations? (PC 1203)
For the most part, the criminal justice system in this country is based on the principle that punishment for crimes should be proportionate to the nature of the crime: the more serious the crime, the harsher the punishment. That is why many people who commit non-violent crimes, such as petty theft or drug possession, may not serve time in jail.
As an alternative to confinement, many people are given probation, which is a chance to show the court that jail is unnecessary because they can live their lives within the boundaries of the law. Formal probation, which is generally imposed when the crime is a felony, requires that you meet with a probation officer frequently for review of whether you have remained in compliance with the terms of your probation. If you violate the terms of their probation, the court has the power to revoke your grant of probation and impose a jail or prison sentence for the original crime.
What Constitutes a Probation Violation? (PC 1203)
Most people believe that committing another crime during the probation period is the only way to violate probation. This is not true. Breaking any of the conditions of your probation would be considered a violation of the terms of your probation, and could result in the court revoking your probation and impose a jail or prison sentence.
You should think of your probationary sentence as a contract between you and the court. In exchange for the court’s suspension of your jail sentence, you promise to not commit any other criminal offenses, and live according to a set of terms and conditions for a period of up to five years.
Suppose you are convicted of a misdemeanor DUI, and are given probation because it is your first offense. The conditions could include paying fines and court costs, paying restitution to any victims, attending a Mothers Against Drunk Driving (MADD) Victim Impact Panel, and completing an alcohol education program. In addition, California Vehicle Code section 23600 requires that you not drive with any measurable amount of alcohol in your blood. If you fail to complete all of the terms of your DUI probationary sentence, you can be sent to jail for the maximum sentence allowed by law.
How Long Does the District Attorney Have to File a Probation Violation?
Remember, probation is itself a sentence that is conditioned upon your compliance with its terms. This means that at all times during the probation period, your conduct is subject to review. So, if you violate your probation, a probation violation charge can be filed at any time during that period.
Furthermore, the filing of a charge that you have violated the terms of your probation stops the clock on your probation period until your violation hearing. This means that if the court cannot schedule the hearing before your probationary period is set to expire, the court still can review your case and revoke your probation.
If My Probation has Expired, Can I Be Charged with an Undiscovered Violation that Happened While I was on Probation?
No. A probation violation charge must be filed during your period of probation. California Penal Code section 1203.3 gives the court the discretion to revoke, modify or terminate your probation only while it is active. If the violation occurred during your probation period, but is not discovered until after your probation has ended, the violation cannot be retroactively charged.
Does a Violation Mean I Will Automatically Have to Go to Jail?
No. The court has a wide range of options to pursue if you violate the terms of the sentence. These can include extending the time to allow you to perform the unmet conditions, imposing or removing conditions, or revoking the sentence and imposing a jail or prison sentence. The judge can choose to keep your original terms intact and give you a second chance to meet them.
Having an attorney who is experienced and knowledgeable in criminal probation law can be a key factor in what the court decides to do. A skilled attorney can argue to the court that your probation should not be revoked or modified, and that you deserve another opportunity to comply.
Contact the Attorneys at Wallin & Klarich to Fight Your Violation Charge
If you or a loved one is facing prosecution for violating a term of your probation, your best option is to work with an experienced and aggressive attorney. Wallin & Klarich has been successfully defending people accused of probation violations for over 40 years. Contact us today for a free, no-obligation consultation, and let us help you too.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina, and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you, no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
My ex husband has a felony probation violation and wants to know if there is a stature of limitations on it.
Hi Robin,
If a probation violation was filed against a person, then there is no statute of limitations and the probation violation remains valid and a person can be arrested on a warrant for violating their probation at any time. However, if the probation violation was not filed in court prior to termination of the probation period then the probation violation cannot be legally filed after probation terminates.
Hope this helps.
My son violated probation 2 years ago but the probation expired April 2016. He was arrested on a warrant for violating probation no new charges tho. My question is…is it possible the warrant will get canceled?
Hi Antoinette,
If a warrant is out for your son’s arrest, you should hire an attorney to attempt to have the warrant recalled. You can speak to our attorneys by calling us at (877) 466-5245.
Thank you
My fiance got a arrested for a probation violation. He has and expired sentence of 1 year 8 months and only has 8 months of that left. He went to county on May 16 and now is in prison. his expired sentence date is March 15 2017 . So what does this mean? I am new to this and just did not know if there was anyway to get him home before that or what. This is the first time he has been in trouble since he caught his case back in 2012. He struggled a bit with his addiction but got that under control. Started collage, has two jobs and we just got our home. His reporting probation is over an hour a way and I could not get off work in time to take him and then they arrested him. What can i do if anything to get him home sooner than his expired date? Any help is greatly appreciated . Thank you
Hi Tiffany,
Please feel free to contact us at (877) 466-5245 to discuss your options in detail.
Thank you!
Need some expert advice on serious matter. Can you email me your phone number.
My husband got a probation violation and left state there are no new charges he just has a probation violation for not reporting he is scared to come home because he is scared to go to prison he has a felony charge what can I do to help him so he can come home he will not come home if he goes to prison our family is in ruin and our eight children are suffering
Hi Cindy,
If you need help with a criminal matter in California, please contact our offices at (877) 466-5245 so we can discuss your case.
Thank you
Hi Jessica,
If your husband is accused of violating probation in California, the first step you should take is contacting a lawyer to defend your husband against these accusations. Contact our law firm at (877) 466-5245 so we can discuss your case in further detail.
Thanks
Can you be arrested for probation violation in 2007 on a misdemeanor drug charges it’s not 2016 can they pick you up
My fiance has violated probation of 2 years probation he haven’t caught no new charges and was on the run for 1 year prior to his 2 year probation what does that means or what happens next
Hi Kita,
If your loved one was accused of violating probation in California, the next step will be a probation violation hearing. We highly recommend you hire an experienced attorney to represent your loved one so you have the best chance at obtaining a favorable outcome at this hearing.
Please contact us at (877) 466-5245 for a free phone consultation about this matter.
Thank you
Hi Terry,
Are you being accused of violating your probation in California? If so, we may be able to help you. Please contact us toll free at (877) 466-5245 and provide us with some more details about your case so we can begin to help you.
Thank you
I’m on felony probation and I caught a mistameanor case…I t haven’t got filed yet but I did time for it I know I will get time served…I report tomorrow will my probation officer violate me if it haven’t been filed yet
Hi Mark,
Your probation officer will likely have to report a probation violation if you indeed violated probation, but it depends upon on the details of your case. If you have been accused of violating your probation or believe that a criminal charge will be filed against you, it is in your best interest to speak to an attorney immediately. Feel free to contact us at (877) 466-5245 so we can help you.
Thank you
i have had a warrant for 5 year but havent got in any trouble since then the warrant is a vop now when i look my name up i se bfw what does that mean
Hi Chrissha,
“BFW” could stand for bond forfeiture warrant, but we would need to know more about your case. If you are in California and wish to have the warrant cleared, you should contact our office at (877) 466-5245 so we can begin to help you.
Thank you!
About 12 years ago. I had a mistermeaner probation for a DUI. During my probation period I was ordered to take a drug test. Which I did not comply to. My probation officer then told me he was going to revoke my probation and I would receive a letter in the mail. I never received any such letter. And to my knowledge do not have an active warrant as I have been pulled over and ticketed since then. Now considering adoption. Where I would be required to provide documentation showing my successful completion of any probations or diversions. I am concerned that if I try and inquire about my previous probation. That I could possibly be violated and ordered back into the court system.? What’s the best way to proceed
Hi Grant,
We’d have to know more information about this in order to give you an answer. Is your probation over now? How long ago did this occur? If this took place in California, we may be able to help you. Please call us at (877) 466-5245 so we can discuss your case in detail.
Best of luck
Can your new probation officer arrest you for violation of probation when you was under your old probation officer or not.
Hi Brine,
If your current probation officer suspects that you violated probation, you could be arrested. It is in your best interest to hire a lawyer immediately to help you. Feel free to contact us at (877) 466-5245 so we can assist you.
Thank you
my boyfriend is on felony probation, has been since end of 2014.. he was arrested for petty larceny march 2016. his probation officer said she was not going to violate him, but the DA still could. i gave him the money to hire an attorney. court has been postponed 4 times. yesterday we were at court for the 5th time. my boyfriends attorney met with us upon his arrival to court and said “going to try and get you off on a conditional, letter from an ASAC agency saying you have enrolled yourself into there program voluntary, missed no appointments, failed no drug screens since on probation, paying minimum restitution every month, just got a promotion at work.. . .” the attorney went and talked to he DA and came back and said, ” the DA said probation officer told them if you don’t get some jail time out of this court then she will violate you. can the probation officer do that? obviously the judge and our attorney thought she could because our attorney had to talk the judge into ordering 4 weekends in jail, mandatory sur-charge and no fine amount. . (the probation officer is mad that i (the girlfriend) paid for the attorney… her exact words were (that money should have went to your restitution)
Hi and thank you for contacting us. Is this case in California? If so, please contact us at (877) 466-5245 so we can answer all your questions. We look forward to your call.
Thank you
case in in New York. my mind says there are federal regulations a probation officer is to follow.. is there a federal regulation that gives a time period for a probation officer to actually violate someone?
Ill try to keep this a little short. someone I know was caught sitting in a stolen car. I believe they did some time and then given probation. after sometime he was left alone in the san Fernando valley his whole family left to another state. he had noting no one to help so he left the state to follow his family. violated probation. this was maybe over 10 years ago. while in the other state he did a 8 year prison sentence. drugs make you do crazy things. so hes out hes completed his parole. has been clean and out of trouble and wants to return and pay his dues and move forward. what are the chances of him being able to reinstate probation? I believe they wanted to give him 3 years back then, how much time would he do if he had to? he says he signed a paper saying if he violated he would do time. I know there has been new laws in place for non violent crimes would he benefit from any of this? please help.
My husband probation due to resist to peace officers and he violated his probation and has to face the judge on Monday. Could he go to jail??
Hi Mandy,
You should speak to one of our experienced attorneys about this case. We will be able to provide you a free phone consultation if you call us at (877) 466-5245.
We look forward to your call.
Hi Priscilla,
You could go to jail for violating probation conditions, but there are other forms of punishment as well. If you wish to have an attorney represent your husband to try to help him avoid jail time, contact us at (877) 466-5245.
We look forward to your call.
I wanted to know if I was on Federal probation and stop going to see my P.O how long will the statue be into my probation would end on the violated, is it 18 mounths
Hi, my fiancé has recently been arrested and found with drugs.. He was reported as an abscandor about a month ago from parole because he didn’t have a home plan.. When we were on our way home one night he was driving and the officer said he pulled us over for speeding, they arrested my fiancé and took him to jail because he had a warrant for being an abscandor, they asked me if they could search my car and I said “I don’t know” I have never been through anything like this, so the ignorant cop went ahead and called the dog to sniff the perimeter of my car, the dog did not bark, the dog did not stand still and not move, the dog showed no sign of drugs in my car. The police than began to search my car and found 8 grams of coke hidden in my trunk.. The police took me back to the station for a search, they found nothing on me, so they took me back to my car and sent me on my way… Now it has been almost 2 weeks since this has happened, and my fiancé has NOT been charged with the new drug charges.. He is being held in a PVC center for 2 months on the violation of parole for being an abscandor.. What is the statue of limitations on how long they have to charge my fiancé.. We are expecting a child Jan. 2017 and I’m praying that they only are making him do 2 months for the violation.. There is also no speeding ticket, in other words “probable cause to pull my fiancé and I over” I never gave them consent to search my car, I never signed anything… What kind of time do you think my fiancé is looking at! Thank you so much for your time and patience.
I got put on probation for driving for 12 month in July 2015 but I didn’t sign no paper cause they didn’t send me to the back to sign the paper and plus I was innocent. But March of 2016 they lock me up for violation of probation what I never signed for so they force me to sign, so ask for appeal couldn’t get it so they put a Warrent on me in May but the probation was over In July but the warrant still there what can I do about this..
Hi Antonio,
This appears to be a very complicated situation. You will have to call us to explain your case in further detail so we can determine how we can help you. Our office phone number is (877) 466-5245. Please call us so we can begin to help you.
We look forward to your call.
Hi Miranda,
The statute of limitations in California is generally one year for misdemeanors and three years for felonies. If you would like to hire legal representation for your fiancé, please call us at (877) 466-5245 so we can begin helping you.
We look forward to your call.
Hi Mark,
A probation violation can be charged at any time during your probation period. If you have any further questions, please feel free to contact us at (877) 466-5245 for a free phone consultation.
Best of luck!
Was going through drama where I was living and had some bad luck and had to move out. During the move I couldn’t get ahold of certain folders and items that I needed for probation. And during this time (month) I used my money to get a place safer and stable for me as to why I couldn’t pay anything for July. Am I looking at jail time for that?
Hi James,
If you are moving while on probation, it is best to let your probation officer know before you move. However, if you did not do this, it doesn’t necessarily mean you violated probation. We need to know more details about your case to provide you with a better answer for your case. Please contact us at (877) 466-5245 so we can answer all your questions about probation violations in California.
We look forward to speaking with you.
I have a question, not sure how to ask it on here…
My boyfriend has been in jail since Friday (Sep. 16th) and has court on Tuesday (Sep 20th), (he’s been on parole for selling drugs a year ago or so, he already finished his Cal Trans) anyways he’s in for a DUI, he blew a 0.08 and when the police got to the location he wasn’t in the vehicle … how possible is it that he’ll serve jail time? On the inmate search it says his charge level is a felony
Hello,
A felony charge is very serious and a conviction often is punished by jail or prison time. We highly recommend you contact us immediately to discuss your case and find out how we can help you. Please call us at (877) 466-5245 so we can help you.
We look forward to your call.
September 25, 2016 Sunday 1:17pm If the police comes to your home and announce they have a search warrant but don’t show us and do a search and takes certain property and others person property and then make an arrest. Then when they leave the cops tell oh here your warrant and it heading states “Notice of a warrant” it has no name of the person(s) on it! What they are looking for, which location of the property to be search. My understanding is that a warrant is a must to arrest a person at their home. Was this a legal search or not. To me it felt like a HOME INVASION was DONE BY THE POLICE. A Notice of A Warrant is a warrant or not. Why are the Police in my county using such notice with a judge name on it but no signature of the judge or case number. What can we do. We had to bail two people out because of the paper they used as a warrant and arrest and taken our property and our friends property nothing to show what they came to look for nothing. I’m angry about this. Can you explain this to me please. Thank you for your time for replying to me and many others.
Hi Joanne,
There are search warrants and there are arrest warrants. If police have a search warrant, they have been given permission by the court to search your private property. If you want to discuss your case in further detail, please feel free to contact us at (877) 466-5245.
Thank you
I have a probation revocation hearing for a misdemeanor drug charge in three weeks. I don’t think I can prove that I have taken a class and I failed to take 11 drug tests. Will this send me to jail?
Hi Lindsay,
If you violated the terms of your probation, you could face consequences that include jail or prison time, depending on the circumstances of your case. You should contact our attorneys at (877) 466-5245 to discuss representing you at your probation hearing.
We look forward to your call.
Hi I recently just got out of jail 3 weeks ago for a domestic violence case I valid my probation by getting into another argument with the victim so when filed another report to save her job what do I do
Hi Louis,
If you are accused of violating your probation, you could be sent back to jail or face other consequences. You should contact an attorney to defend you at the probation violation hearing. Please contact us at (877) 466-5245 if you are seeking legal representation.
We look forward to your call.
Would like info please my fiancé was on probation period of 18 months he moved away for 13 months of that period he has come back was told had a warrant out for him what could he be looking at for punishment in the state of Texas
Hi Ginger,
We received your question, but it looks like your question is about laws in the state of Texas. We are a California law firm and can only help you if your legal matter takes place in California. You should search for a lawyer in Texas to help you if your case is pending in Texas.
Best of luck.
Also I was wondering is thee any way he may be able to get a lesser charge if he pleads guilty in court when he goes?
Hi Antwanette,
We need more information about your fiance’s case to provide you with an accurate answer. The best thing you can do for him now is hire an experienced law firm to defend him against the charges he is facing. Our lawyers at Wallin & Klarich have the skill and knowledge necessary to help your fiance obtain a favorable result in his case. Contact us at (877) 466-5245 so we can discuss how we can help you and your fiance.
We look forward to your call.
My boyfriend got probation for a traffic ticket of all things we had been trying to get in touch with his Po but then he is told it was paid off then today we get a call six mths later that she is looking for him an wants him to call her we have to girls one is six years old an the other is six mths I do not want him going to jail if for some reason it wasn’t paid off me an the girls don’t want to lose him what should we do
Hi Contesa,
You should speak to an experienced criminal defense attorney before you contact the probation officer. If you wish to have our law firm help you, you can contact us at (877) 466-5245 so we can discuss your boyfriend’s case in detail.
We look forward to your call!
I got arrested 11 months ago for 3rd duo. Was dropped to 2nd offence and I got 30 days jail and two years probation. Also I.O.P. classes and AA meetings. I have gotten a violation for skipping classes and signing officers name for random PBT tests. All stemed from not having a ride to get back and forth to complete orders of probation. Also I got a job, with insurance 6 months ago. If I got to jail, I Wil lose my job, with insurance. My P.O. said that I was unfit for the probation. Is it possible. Will I got to jail? How do I write a leniency letter to read to judge? Could I get revoked and not so jail time??
Hi Richard,
If it is determined that you violated your probation, the judge has the discretion to impose penalties such as extending your probation, making your probation terms stricter, or sentencing you to jail or prison time depending on the original offense. You should contact our law firm at (877) 466-5245 to discuss representing you at your probation violation hearing.
We look forward to your call.
Hi, my I’ve been wondering how I should handle my situation because there will be a day I will confront it. I’m originally from NY but I lived out west for a few years. During that time I’ve been in trouble a few times, 2 misdemeanor theft charges. I completed my first charge, fine & 2 days time serves. However I was caught again for petit theft & was given a year’s probation instead of a year’s jail. However I left & moved back east violating my probation & is where I live with the rest of my family in New Hampshire. Now this was 11 years ago! And it still shows on some background checks & if police run my name that I have an active warrant for PV but not expedite. I checked and I am on the wanted list for PV. My one question was answered that a probation violation has no statute. I do want to come visit someday but scared of what would happen if I get caught such as being pulled over. Since it was a long time ago, and probably not even the same judge & I now reside on the other side of the country would the judge not be so strict & maybe issue a fine instead or even haul me off to jail right there? I’ve tried to research but not many people with similar situations about leaving a state violating & what would happen when you return after a long time has passed & not being a resident. Thank you
Hi Joseph,
It is in your best interest to take care of this situation right away. If you have a warrant out for you in California, you should contact our criminal defense attorneys to see if we can get the warrant cleared. Please contact us at (877) 466-5245 so we can discuss your case in further detail.
We look forward to your call!
Hi, my boyfriend of 5 years is on felony probation, I have a clean record and have never been in any type of trouble with the law, my boyfriend violated his probation and his probation officer told him he was not allowed around me or to have any contact with me but did not make him sign anything or even have it in writing. Could they still violate him and throw him back in jail if he were to be around me?
Hi Charee,
If it is determined that your boyfriend violated his probation in California, he could be placed in custody. You should contact our law firm at (877) 466-5245 to discuss your case and find out how we may be able to help your boyfriend.
We look forward to your call!
Does a county have to put a warrant for arrest in the NCIC database?
I’m on probation. I owe $20,000 in restitution for destruction of property. If I were to leave NY state is there a statute of limitations on this or would I have a pending warrant? Answers?
I was reinstated on probation after a technical vop. Order states tp comply with all original terms and conditions. I’ve completed everything. Does this mean I must repeat everything?
I have a friend that is on probation til may of 2019 and he has to do community service and anger management classes during that time…if he does not do those classes and community service and the time of his probation ends and he doesn’t get caught or arrested within the time frame of his probation will the statute of limitations take effect? say he gets pulled over after may of 2019 will he be charged with the violation even tho it’s after his probation ends?
When my brother was released we let him use a phone on our plan. I was not aware that he was not allowed to have a smart phone. His parole officer took and have been really crappy everytime we call and they say that we will not get it back. We are still paying on this phone. Can they do that?
I was picked up on on a violation, did a month in jail. 6 months later, I get arrested for a sales charge, I had no knowledge about. When I go to court, I find out drugs were found in my home, the day I was picked up on my violation according to the officers. Can they do that? Do I have action if I fight my case?
Hi Jos,
Feel free to contact our law firm at (877) 466-5245 for a free phone consultation about your case. We will go over the details of your case and determine how our experienced law firm can help you.
We look forward to your call!