Violation of Probation

The court may revoke and terminate probation if the interests of justice so require. Probation might be revoked and terminated if the court has reason to believe from the probation officer’s report or other evidence that the person has violated any of the conditions of probation. (§ 1203.2(a)).

When the evidence shows that a defendant has not complied with the terms of probation, the order of probation may be revoked at any time during the probationary period.

In the context of section 1203.2, an admonition to a court to act in accordance with ‘the interests of justice’ serves merely to invoke the sound discretion of the trial court. If the trial court revokes and terminates probation in a case where judgment was pronounced and its execution suspended, “the court may revoke the suspension and order that the judgment shall be in full force and effect.” (§ 1203.2(c)).

This provision gives the court wide discretion, on revocation and termination of probation, to either:

  • revoke the suspension of sentence and commit the probationer to prison for the term prescribed in the suspended sentence; or
  • to decline to revoke the suspension or to order confinement.

The trial court thus retains discretion, even after finding cause to revoke and terminate probation, to reinstate probation. In other words, the court has the power, upon finding cause to revoke and terminate probation, to reinstate and continue a defendant on probation.

Attorney for Violations of Probation in Ventura, CA

If you are accused of a technical violation of probation or if you were arrested for a new criminal offense while on probation, then contact an experienced criminal defense attorney at Jay Leiderman Law.

If you are accused of a probation violation in either a felony or misdemeanor case, then act quickly. Call (805) 654-0200 now to schedule a free consultation.

Additional Resources

Ventura County Probation – The current director and chief probation officer in Ventura County, CA, is Mark Varela. He heads up the Ventura County Probation Agency. The court gives this agency the task of direct supervision for more than 15,500 adult and 2,500 juvenile offenders each year. The agency also oversees the operation of the juvenile facilities in Ventura County. Each year, approximately 350 probation officers supervise low and moderate-risk probationers and prepare sentencing reports for the courts, recommending appropriate sanctions including incarceration, counseling, or a combination of treatment services.