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.