Probation is a conditional supervised release which may be imposed by a judge in addition to or instead of incarceration. Convicted persons can be placed on probation on the judge discretion. Such penalty may be applied instead of being incarcerated and it is a part of the sentence. Defendants who have been convicted of crimes are often placed on probation as part of their sentence instead of being incarcerated for a full term. The convicted may be obliged to comply with some rules of probation and the failure to follow the court terms may result in violation of probation. Consequently, the defendant will be sentenced of county jail or state prison time.
In California, there are two types of probation:
– Informal Probation ( also known as Summary Probation),
– and Formal Probation.
Generally, the length of probationary period is up to three (3) years but it can be extended to five (5) years. Summary Probation requires that the defendant only completes certain terms of the sentence and obey all rules and orders of the court. Meanwhile, Formal Probation obliges to report to the probation officer once a month as well as obey court terms imposed on you. Additionally, both types of probation can include participation in community service, undergoing certain tests, or completing of physical work.
Probation may be revoked if any of the rules have been broken. For example, the ways of violating probation include (but are not limited to):
- Failure to pay restitution,
- Failure to report to a probation officer,
- Failure to stay away from someone,
- Failure to not commit new crimes,
- Driving under the influence,
If you probation violation is minor, you have chances to be granted a second chance on probation. Otherwise, you will face harsh outcome and you can even be arrested or go to the court for probation violation hearing. The prosecutor will try to prove the seriousness of the broken terms and rules of the probation. If you are found guilty, you can face the additional penalties including (but are not limited to):
- jail or prison time,
- extension of the probation period,
- additional community service,
- additional terms of the probation,
- California rehabilitation or treatment program.
An experienced California criminal attorney can help you to defend yourself for the court hearing. The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We will help you to understand the various aspects of your case. We are ready to provide answers to your initial questions concerning Probation Violation in California for free. Do not hesitate to contact us!
You may file your request online, by telephone or by mail. 818-553-1000