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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Per Penal Code 1203.2, Rules for Probation Violations in California, the main penalty for a probation violation is that the judge can:
Depending on the facts of a case, a judge may also:
The rules in PC 1203.2 apply to the following types of probations:
All of the above rules are determined and imposed at a probation violation hearing.
Per Penal Code 1203.2, Rules for Probation Violations in California, the main penalty for a probation violation is that the judge can:
Note that this maximum term will differ depending on whether the defendant was originally convicted of a misdemeanor or a felony, and the number of counts involved.
Depending on the facts of a case, and the nature of the probation violation, PC 1203.2 does authorize a judge to:
As to the first consequence, in some cases a judge will initially put a defendant on probation without imposing any jail time at the time of sentencing. If that person then violates probation, the judge is allowed to sentence the defendant to the maximum jail or prison time allowed under the law.
The rules in PC 1203.2 apply to the following types of probation:
A probation violation hearing takes place when a probationer is brought before the court for either:
During the hearing, some of the following will be decided:
(a) whether the probationer is placed in jail/prison, or
(b) whether the probationer is placed back on probation with tougher
conditions.
Misdemeanor probation conditions must always be:
Some common conditions in misdemeanor probation include that the defendant:
Defendants accused of violating their probation are entitled to a hearing to contest revocation.
Felony probation often includes conditions like the following:
California imposes certain conditions whenever a defendant is sentenced to DUI probation. Some of these depend on whether it is the defendant’s:
Some conditions, though, common to most DUI probations include that a defendant:
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.