Will I Go to Jail for a Probation Violation? (PC 1203)
If you are put on probation by the court, you will have to follow a set of terms and conditions spelled out by the court. The conditions may include not committing any new crimes, attending alcohol or drug counseling, and staying away from certain people. So, what happens if you fail to comply with the terms of your probation? Will you go to jail for a probation violation?
Court Options for Probation Violations (PC 1203.3)
When you are accused of violating probation, you will face a probation violation hearing. At the hearing, the judge will review the allegations against you and your criminal defense lawyer will have a chance to argue that you did not violate probation.
If it is determined by the court that you violated one or more of the terms of your probation, you may face severe consequences. The court has wide discretion when it comes to punishment for probation violations. The judge can decide to revoke your probation and impose a jail or prison sentence, or modify your probation terms.
Judges will consider several factors when determining your punishment, including:
- The seriousness of the violation
- Your prior criminal history
- Your prior performance on probation and any prior probation violations, and
- The recommendation made by the probation department
An experienced criminal defense attorney may be able to show the court that you deserve a light punishment for your violation by highlighting your overall good behavior on probation.
Jail or Prison Time for a Probation Violation
If the judge in your case suspended your sentence and placed you on probation, a probation violation could lead to jail or prison time. Upon determining that you violated your probation terms, the judge could decide to revoke your probation and impose up to the maximum sentence for the crime you were originally convicted of.
For example, if you were placed on probation for committing felony aggravated assault, a violation of probation could result in you being sent to state prison for up to four years.
However, judges have alternative options for probation violations.
Other Forms of Punishment for Violating Probation
Instead of revoking your probation, a judge could decide to extend the length of your probation or let you remain on probation with additional or stricter terms to better serve the interests of justice. For instance, a judge may add the requirement to report to a probation officer frequently.
Our Criminal Defense Attorneys Can Help You Now
If you or someone you love has been accused of violating probation, you should seek the help of an experienced criminal defense attorney immediately. Our skilled lawyers at Wallin & Klarich have been successfully representing clients in probation matters for more than 40 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.