California Penal Code § 1203.2 PC permits police or probation officers to arrest you if there is probable cause that you violated your probation. Common probation violations include:
- failing a drug test,
- no-showing at court or counseling, or
- picking up another criminal case.
After your arrest, you are entitled to a probation revocation hearing. If the judge determines that you indeed violated probation, they can either give you a second chance or else revoke your probation, which typically involves you serving out your sentence in jail or prison.
Our California criminal defense attorneys will address the following in this article:
1. Rules of Probation
The probationary rules outlined in California Penal Code 1203.2 PC are roughly divided into two categories:
- rules involving your arrest and the termination of probation, and
- rules regarding the imposition of jail time or tougher probation conditions.
1) Arrest and Termination of Probation
If you are on probation in California, 1203.2 PC authorizes your arrest if there is probable cause to believe you violated your probation or committed a new crime.1
We have seen arrests take place with or without a warrant, depending on the specific circumstances of a case.2 Further, the arrest may be initiated by a:
- probation officer from the probation department or
- police officer.3
Once you are arrested, the judge may either release you or hold you in custody pending your probation violation hearing. If you lose your probation violation hearing, the judge may then terminate your probation.4
2) Imposition of Jail Time or Tougher Probation Conditions
If the judge terminates your probation, and you had a suspended jail or prison sentence, 1203.2 PC permits the judge to order that you serve out that sentence.5 Depending on your case, you could be remanded to either:
- the Department of Corrections and Rehabilitation,
- the county jail, or
- the Division of Juvenile Facilities.6
Note that we have had great success in persuading judges to keep our clients on probation despite having violated their terms. Instead of revoking probation, judges may instead impose tougher probation conditions.7
Probation violation hearings are harder to win than trials.
2. Probation Violation Hearings
In California, you are entitled to a probation violation hearing if the court suspects you of either:
- committing a new offense or
- violating a condition of your probation.
If the judge determines at the end of the hearing that you did not violate your probation, you may remain on probation as before. Otherwise, the judge will decide whether to:
- give you a second chance at probation with a warning and perhaps tougher conditions; or
- revoke your probation and remand you into custody to serve out your sentence.8
Your Rights at the Probation Violation Hearing
In a California probation violation hearing, you enjoy many of the same rights as defendants in California criminal jury trials. These include the rights to:
- be represented by a criminal defense attorney,9
- call witnesses and use the subpoena power of the court to force witnesses to come to court and testify on your behalf,
- present any mitigating or extenuating circumstances that may have contributed to your alleged probation violation,
- testify on your own behalf, and
- disclosure of the evidence against you.10
Probation Violation Hearings vs. Criminal Trials
There are two main differences between a probation violation hearing and a criminal trial in California.
The first is that a judge decides the outcome of the hearing, while a jury decides the outcome of the trial.11
Second, unlike a criminal trial where the prosecutor must prove the case “beyond a reasonable doubt,” the prosecutor in a probation revocation hearing only needs to prove by a “preponderance of the evidence” that you violated probation.12
This means that the prosecution only needs to prove that it is “more likely than not” that you are guilty.13 Since the bar for the D.A. is so low, we prepare for probation violation hearings just as diligently as we do for criminal trials.
Penal Code 1203.2a PC authorizes your arrest if there is probable cause you violated probation.
3. Conditions of Probation
Your probation conditions in California largely depend on whether you are subject to:
- misdemeanor (or summary) probation or
- felony (or formal) probation, and
1) Common Misdemeanor Probation Conditions
Misdemeanor probation conditions must always be:
- “fitting and proper to the end that justice may be done,”14 and
- reasonable and logically related to the offense.15
Typical conditions of misdemeanor probation include that you:
- pay fines and/or victim restitution,
- participate in individual or group therapy,
- complete community service or Caltrans roadside work,
- seek gainful employment, and
- be subject to a restraining order (for offenses involving domestic violence crimes).
If you were convicted of drunk driving, typical DUI probation conditions include:
- refraining from driving with any measurable BAC (this is California’s “zero tolerance” law for people on DUI probation) and
- completing DUI school.
Violation of any of these terms or conditions can result in the court finding a misdemeanor probation violation.
2) Common Felony Probation Conditions
Felony probation often includes conditions like:
- check-ins with your probation officer, generally once a month,
- restitution payments,
- individual or group therapy,
- treatment programs,
- drug testing (such as urine drug tests) in drug crime cases,
- community service,
- “search conditions,” which means submitting to warrantless searches, and
- compliance with stay-away orders not to harass victims, such as in cases of corporal injury on a spouse.
Learn more in our article on consequences for a felony probation violation.
If you are given a second chance to stay on probation, the judge may impose harsher conditions.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- An Evaluation of Intensive Probation in California – Journal of Criminal Law and Criminology.
- Lost in Probation: Contrasting the Treatment of Probationary Search Agreements in California and Federal Courts – UCLA Law Review.
- Criminal Charge Or Probation Violation? Prosecutorial Discretion And Implications For Research In Criminal Court Processing – Criminology.
- Proposition 36: Ignoring Amenability and Avoiding Accountability – BYU Journal of Public Law.
- Gender and the Release from Jail: Predicting the Likelihood of a Probation Violation versus a New Offense – Corrections.
Legal References:
- California Penal Code 1203.2 PC.
(a) At any time during the period of supervision of a person (1) released on probation under the care of a probation officer pursuant to this chapter, (2) released on conditional sentence or summary probation not under the care of a probation officer, (3) placed on mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, (4) subject to revocation of postrelease community supervision pursuant to Section 3455, or (5) subject to revocation of parole supervision pursuant to Section 3000.08, if any probation officer, parole officer, or peace officer has probable cause to believe that the supervised person is violating any term or condition of the person’s supervision, the officer may, without warrant or other process and at any time until the final disposition of the case, rearrest the supervised person and bring them before the court or the court may, in its discretion, issue a warrant for their rearrest. Unless the person on probation is otherwise serving a period of flash incarceration, whenever a person on probation who is subject to this section is arrested, with or without a warrant or the filing of a petition for revocation as described in subdivision (b), the court shall consider the release of a person on probation from custody in accordance with Section 1203.25. Notwithstanding Section 3056, and unless the supervised person is otherwise serving a period of flash incarceration, whenever any supervised person who is subject to this section and who is not on probation is arrested, with or without a warrant or the filing of a petition for revocation as described in subdivision (b), the court may order the release of the supervised person from custody under any terms and conditions the court deems appropriate. Upon rearrest, or upon the issuance of a warrant for rearrest, the court may revoke and terminate the supervision of the person if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probation or parole officer or otherwise that the person has violated any of the conditions of their supervision, or has subsequently committed other offenses, regardless of whether the person has been prosecuted for those offenses. However, the court shall not terminate parole pursuant to this section. Supervision shall not be revoked solely for failure of a person to make restitution, or to pay fines, fees, or assessments, imposed as a condition of supervision unless the court determines that the defendant has willfully failed to pay and has the ability to pay. Restitution shall be consistent with a person’s ability to pay. The revocation, summary or otherwise, shall serve to toll the running of the period of supervision.
(b) (1) Upon its own motion or upon the petition of the supervised person, the probation or parole officer, or the district attorney, the court may modify, revoke, or terminate supervision of the person pursuant to this subdivision, except that the court shall not terminate parole pursuant to this section. The court in the county in which the person is supervised has jurisdiction to hear the motion or petition, or for those on parole, either the court in the county of supervision or the court in the county in which the alleged violation of supervision occurred. A person supervised on parole or postrelease community supervision pursuant to Section 3455 may not petition the court pursuant to this section for early release from supervision, and a petition under this section shall not be filed solely for the purpose of modifying parole. This section does not prohibit the court in the county in which the person is supervised or in which the alleged violation of supervision occurred from modifying a person’s parole when acting on the court’s own motion or a petition to revoke parole. The court shall give notice of its motion, and the probation or parole officer or the district attorney shall give notice of their petition to the supervised person, the supervised person’s attorney of record, and the district attorney or the probation or parole officer, as the case may be. The supervised person shall give notice of their petition to the probation or parole officer and notice of any motion or petition shall be given to the district attorney in all cases. The court shall refer its motion or the petition to the probation or parole officer. After the receipt of a written report from the probation or parole officer, the court shall read and consider the report and either its motion or the petition and may modify, revoke, or terminate the supervision of the supervised person upon the grounds set forth in subdivision (a) if the interests of justice so require.
(2) The notice required by this subdivision may be given to the supervised person upon their first court appearance in the proceeding. Upon the agreement by the supervised person in writing to the specific terms of a modification or termination of a specific term of supervision, any requirement that the supervised person make a personal appearance in court for the purpose of a modification or termination shall be waived. Prior to the modification or termination and waiver of appearance, the supervised person shall be informed of their right to consult with counsel, and if indigent the right to secure court-appointed counsel. If the supervised person waives their right to counsel a written waiver shall be required. If the supervised person consults with counsel and thereafter agrees to a modification, revocation, or termination of the term of supervision and waiver of personal appearance, the agreement shall be signed by counsel showing approval for the modification or termination and waiver.
(c) Upon any revocation and termination of probation the court may, if the sentence has been suspended, pronounce judgment for any time within the longest period for which the person might have been sentenced. However, if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke the suspension and order that the judgment shall be in full force and effect. In either case, the person shall be delivered over to the proper officer to serve their sentence, less any credits herein provided for.
(d) In any case of revocation and termination of probation, including, but not limited to, cases in which the judgment has been pronounced and the execution thereof has been suspended, upon the revocation and termination, the court may, in lieu of any other sentence, commit the person to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities if the person is otherwise eligible for that commitment.
(e) If probation has been revoked before the judgment has been pronounced, the order revoking probation may be set aside for good cause upon motion made before pronouncement of judgment. If probation has been revoked after the judgment has been pronounced, the judgment and the order which revoked the probation may be set aside for good cause within 30 days after the court has notice that the execution of the sentence has commenced. If an order setting aside the judgment, the revocation of probation, or both is made after the expiration of the probationary period, the court may again place the person on probation for that period and with those terms and conditions as it could have done immediately following conviction.
(f) As used in this section, the following definitions shall apply:
(1) “Court” means a judge, magistrate, or revocation hearing officer described in Section 71622.5 of the Government Code.
(2) “Probation officer” means a probation officer as described in Section 1203 or an officer of the agency designated by the board of supervisors of a county to implement postrelease community supervision pursuant to Section 3451.
(3) “Supervised person” means a person who satisfies any of the following:
(A) The person is released on probation subject to the supervision of a probation officer.
(B) The person is released on conditional sentence or summary probation not under the care of a probation officer.
(C) The person is subject to mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
(D) The person is subject to revocation of postrelease community supervision pursuant to Section 3455.
(E) The person is subject to revocation of parole pursuant to Section 3000.08.
(g) This section does not affect the authority of the supervising agency to impose intermediate sanctions, including flash incarceration, to persons supervised on parole pursuant to Section 3000.8 or postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3.
- See same.
- See same.
- California Penal Code 1203.2 PC. See also People v. Walker (1963) 215 Cal. App. 2d 609, noting that probation is a matter of clemency, not of right, and may be withdrawn if the privilege is abused. See also People v. Shaginyan (Cal.App. 2025) .
- California Penal Code 1203.2 PC. See also People v. Brasley (1974) 41 Cal. App. 3d 311.
- California Penal Code 1203.2 PC.
- California Penal Code 1203.2 PC.
- California Penal Code 1203.2 PC.
- People v. Vickers (1972) 8 Cal.3d 451.
- Gagnon v. Scarpelli (1973) 411 U.S. 778.
- California Penal Code 1203.2 PC.
- People v. Rodriguez (1990) 51 Cal.3d 437.
- California Rules of Court Rule 5.580.
- California Penal Code Section 1203.1(j) PC.
- People v. Carbajal (1995) 10 Cal.4th 1114.