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Probation Violations California •
LA County
What is a Probation Violation?
When a California criminal defendant is serving probation, there are rules that must be followed. If any of these rules are broken during the probationary period, a probation violation occurs, which could result in the following consequences:
- Revocation of Probation
- Jail time
How
is Probation Violated?
Probation can be violated in many ways. The most commons types of probation violations include:
- Failure to Pay – When the defendant fails to pay required fines or restitution to the victim, a probation violation may occur.
- Failure to Comply – Part of a defendant’s probation may include rehabilitation or community service. When the defendant fails to complete these required programs, a probation violation may occur.
- Failure to Appear – Many probation requirements include a scheduled court appearance for a progress report. When the defendant fails to appear for the required court appearance, a probation violation may occur.
- Violation of Rules – Part of probation may include rules that prohibit the defendant from visiting certain persons or locations. When the defendant fails to adhere to these rules, a probation violation may occur.
- Failure to Report – Probation may require the defendant to report to a probation officer at scheduled times. Failure to appear when expected may result in a probation violation.
- Possession of Illegal Substances – When the defendant possesses illegal weapons or drugs, a probation violation may occur.
- Committing Crimes – Staying out of trouble is mandatory during probation. When the defendant commits new crimes during the probationary period, a probation violation may occur.
- Being Arrested – Regardless of whether criminal charges are present, when the defendant is arrested during the probationary period, a probation violation may occur.
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Probation Violation –
The Consequences
If you have violated your probation, you may suffer the following consequences:
- Extension of probationary period
- Amendment of probation terms
- Possible prison or jail time
- Revocation of probation
- Reinstatement of probation with same or different terms
- Community service
- Physical Labor (CalTrans)
- Treatment program
- Rehabilitation
- Counseling
Probation vs. Parole
Parole is a time period after a prison inmate has been conditionally released from state prison, which allows the prisoner to reside in the community under supervision.
A Parole Violation occurs when the defendant violates any of the rules of parole. In some cases, a parole violation hearing is required, which includes the Parolee, the Probation Officer, and a committee of selected individuals. Attorneys are generally excluded from parole violation hearings.
Probation differs from Parole in that probation follows a county jail sentence, whereas parole follows a state prison sentence. Probation may also be assigned when jail time is not part of the defendant’s sentence.
When a Probation Violation occurs, the attorney is allowed to represent the defendant in the probation violation hearing.
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Stephen G. Rodriguez, assisted by his hard-working California criminal defense associates, aggressively pursues each legal avenue to secure the most favorable outcome.
For both felony and misdemeanor probation
violation cases, an experienced California
criminal defense lawyer can make
the difference.
Please contact our office for a free, confidential consultation.
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CALIFORNIA
PROBATION
Probation Violation
Misdemeanor
Probation
Felony Probation
Los
Angeles Criminal Defense Attorney
California Criminal Lawyer
Probation and the Law
Probation is often part of a criminal defendant’s California sentence. When probation is given, the individual is allowed to remain a member of the community after jail time (if any) has been successfully completed.
California probation laws differ according to the type of probation given, such as:
- Formal Probation (Supervised Probation)
- Informal Probation (Summary Probation)
Formal Probation (or Supervised Probation) requires the defendant to meet with an assigned probation officer on a regular basis (usually once a month).
Informal Probation (or Summary Probation) requires the defendant to complete certain terms of the sentence and stay out of trouble. Scheduled meetings with a probation officer are not necessary under summary or informal probation.
For all types of probation, the California criminal defendant’s sentence may include any or all of the following:
- Community service
- Counseling
- Physical labor
- Drug testing
- Jail time
Length
of Probation
Normally,
probation (formal and informal)
lasts three years, but this could vary
depending on the defendant’s circumstances.
In some felony cases, formal probation
can last for up to 5 years.
When Probation
is Violated
Probation is no joking matter and should
be taken seriously. The penalties
for a probation violation depend on
the severity of the violation.
In some cases, a second chance may be
given and the probation violation will
not affect the terms or conditions of
the probation.
As soon as a probation violation occurs,
an arrest may follow shortly thereafter
and/or the defendant may be ordered
to court for a probation violation hearing.
During the court hearing, the Prosecutor
must prove the violation by more than
50% of the evidence, as opposed to ‘beyond
a reasonable doubt’ which is necessary
for a criminal trial.
There are several factors that the Judge and Prosecutor use when considering a probation violation. They include:
- The seriousness of the probation violation
- The nature of the probation violation
- The history of previous probation violations
- New criminal activity surrounding the probation violation
- Aggravating and mitigating circumstances of the probation violation
- The probation officer and/or probation department’s view of the probation violation
- The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term)
The
Attorney Difference
An experienced California criminal
defense attorney, such as Stephen
G. Rodriguez, will examine all aspects
of your probation violation and look
for any potential charge reductions
and alternative sentence options.
If
you have violated the terms of your probation
contact
Stephen G. Rodriguez to get the best
representation for your case
Law
Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071
Telephone
(213) 223-2173
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