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 the 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.
Overview of California Laws for Violation of Probation
- Types of Probation
- Common Violations of Probation
- The Consequences of Violating Probation
- Additional Resources
Types of Probation
Misdemeanor (Summary/Informal) Probation
According to Penal Code 1203, a “conditional sentence” entails that the sentenced can be executed without the supervision of a probational officer. In other words, in some misdemeanor probation cases, a probational officer is not required. However, under California law, there are specific cases in which certain probational conditions are mandatory. For instance, in crimes related to domestic or intimate partner violence, completing a batterer’s program is enforced.
Common consequences of misdemeanor probations:
- having to pay a fine
- participate in therapy
- perform community service
- attend substance abuse treatment programs (cases involving DUI or drug-related crimes)
- restraining orders
- required to obtain stable employment
Felony (Formal) Probation
Felony probation, also known as “formal” probation, requires a probation officer, and the main goal is to rehabilitate a person without jail or prison time. Felony cases are not the only cases in which felony probation is imposed. For instance, in Ventura County, California, a person who is convicted of a misdemeanor DUI can be given felony probation.
Differences Between Misdemeanor & Felony Probation
- Misdemeanor probation does not require a probation officer
- Felony probation can last from three (3) to five (5) years
- A misdemeanor probation violation can require one (1) to five (5) years in jail or prison depending on various factors (e.g., prior convictions, crime, any prior violations, etc.)
- In felony probation cases that require programs, it is at the expense of the probationer
- Felony probation requires that the probationer reports to the Probation Office within a time frame that is ordered by the court
Having an experienced attorney in criminal law to represent you is dire. If you have been accused of violating your probation, contact Jay Leiderman Law at (805) 654-0200 to consult with a lawyer.
Common Violations of Probation
- Failure to appear in court
- Failure to pay a fine
- Not reporting to your probation officer
- Committing a crime while on probation
- Failing a drug test – In some cases, the judge might find it necessary that the probational agreement includes drug-related requirements. In other words, failing to submit a drug test or not passing a drug test can be deemed a violation.
- Not attending or completing mandated programs
- Violating a restraining order
The Consequences of Violating Probation
- Modifications to probation agreement (based on the judge’s discretion)
- Extend your probation
- Community Service
- Substance Abuse Treatment Programs
- Anger Management
- Revoke your probation
- Impose original sentence
- Impose maximum sentence allowed by the law
- Not being eligible to obtain an expungement of criminal records
If the court has reason to believe that a person has violated any conditions of their probation, it might revoke or terminate the persons’ probation. (§ 1203.2(a)). By extension, the judge could sentence you to the original sentence or impose a maximum sentence in jail or prison. It is urgent to retain an experienced attorney. Do not hesitate to contact a lawyer at Jay Leiderman Law for consultation.
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 adults 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.
Lawyer for Violations of Probation in Ventura, CA
Accusations of violating your probation can have dire results and lead to serving time in county jail or state prison. The best course of action would be to contact an experienced attorney at Jay Leiderman Law. Having a lawyer represent you in the early stages of any related criminal offenses can help you in staying out of jail or prison and eventually file to dismiss specific offenses from your criminal records.
Being prepared and having a lawyer represent you in charge of violation can increase the probability of keeping the probation instead of it being revoked. Contact Jay Leiderman Law at (805) 654-0200 to make sure you retain an experienced attorney for your case.