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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You might have missed a meeting with your probation officer because of a simple scheduling error. The officer is now saying that you are in violation of your probation. Is this true?
It can be, yes. Ten common ways that you can violate probation are when you:
Note that a probation violation will likely result in a probation violation hearing. In the course of this hearing, a judge may decide to:
Probation is a type of sentence in a criminal case whereby you are released into the community under the supervision of a probation officer or the court. Probation is an alternative to either a:
While on probation, you must adhere to certain terms and conditions of your probation, as determined by the court.2
Note that probation is not awarded with every set of criminal charges, and it is considered an act of grace by the court.3
In deciding whether or not to grant you probation, a judge will consider such factors as:
Note that a judge may award probation in both misdemeanor and felony cases.
As stated above, you must adhere to certain terms and conditions (as imposed by the court) for the entire length of your period of probation.
For example, a judge may require you to do any of the following while on probation:
If you do not abide by the terms and conditions of your probation, you are said to be in violation of your probation. A result is that you will probably have to attend a probation violation hearing.
A judge will typically hold a probation violation hearing if you are facing probation violation charges. This court hearing is sometimes referred to as a probation revocation hearing. A judge holds the hearing to determine if you truly did commit a probation violation.5
A judge can hold the hearing for a violation of either misdemeanor probation or felony probation.
A prosecutor and your criminal defense attorney will normally be present at these hearings. The prosecutor carries the burden of proving, by a preponderance of the evidence, that you violated probation.6
In turn, a defense counsel can present evidence of mitigating circumstances surrounding your violation. These are facts that may lead a judge to impose less severe penalties.
At the conclusion of the hearing, the judge sets forth the consequences for violating probation. These may include:
In the end, your specific penalty will depend on:
For example, if you committed a first-time violation that was mild in nature (for example a technical violation), a judge would likely reinstate your original probation. But a judge would likely make you serve jail time or prison time for more substantive violations.
Yes. You should seek legal advice from an experienced criminal defense attorney or law firm if you violated your probation.
A defense lawyer can provide invaluable assistance by:
If you violated probation by committing a new offense, a defense attorney can represent you on the new set of charges.
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.