Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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In simple terms, a probation violation is when you violate one of the terms and conditions of your probationary sentence. A common example is failing to perform court-ordered community service.
Most jurisdictions acknowledge two types of probation. These are:
Probation violations can happen with either type.
If you violate your probation, you can be subject to arrest and authorities or a probation officer can bring you to court.
In most cases, a judge will hold a probation violation hearing to determine whether or not you in fact violated your probation. This hearing is also known as a “probation revocation hearing.”
If a judge finds that you violated your probation, then he/she may:
Note that you can challenge a probation violation by presenting:
A probation violation occurs when a defendant in a criminal case:
You can violate your probation no matter if you are on:
Note that “probation” itself is where an offender, facing a possible jail sentence or prison sentence, is released into the community in lieu of incarceration.1
The length of probation will vary depending on the facts of a case and the specific crime committed. But it typically can last several years.
During this probation period, you must comply with certain terms and conditions, such as:
While offenders on misdemeanor probation are usually supervised by the court, offenders on felony probation are often supervised by a probation officer.
Some common grounds for violations of misdemeanor probation include an offender’s failure to:
Some common grounds for violations of felony probation include an offender’s failure to:
If there is probable cause to believe you violated any terms or conditions of your probation, most states say that you are subject to arrest.3
Depending on the facts of the case and the jurisdiction where the violation took place, the arrest can be initiated by a:
Once arrested, a judge will typically hold a probation violation hearing.4
During this hearing, a prosecutor has the burden of showing, by a preponderance of the evidence, that you violated a probation term.5
If a prosecutor meets this burden, then most jurisdictions say that a judge may:
Note that sometimes you can violate probation by committing a criminal offense (for example, failing a drug test after using an illegal substance).
In these case, you can face both:
If you are convicted of a new crime, you can face penalties for that offense along with the penalties for the crime that resulted in probation.
Probationers can use various strategies to beat an accusation of violating probation. Two of the most effective include to:
You would present both pieces of evidence at your revocation hearing.
Please note that you should work with a skilled criminal defense attorney to contest a violation. A criminal defense lawyer or probation violation attorney will know the best evidence to present to a judge.
A defense lawyer will also know the best legal strategies to use to keep you out of jail or prison and serve out your probation time.
Most attorneys and law firms provide free consultations, which means you can receive legal advice at no cost.
Further, your communications with a lawyer are usually protected by the attorney-client relationship. According to this relationship, a lawyer cannot disclose your confidences without first obtaining your consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.