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What are the penalties for violating probation in Los Angeles County?

Posted by Neil Shouse | Aug 05, 2019 | 0 Comments

parole violation thoughts

Per Penal Code 1203.2, Rules for Probation Violations in California, the main penalty for a probation violation is that the judge can:

  1. revoke probation, and
  2. sentence the defendant to up to the maximum term of the offense for which he was committed.

Depending on the facts of a case, a judge may also:

  • revoke probation and sentence the defendant to the maximum penalty allowed under the law,
  • impose tougher probation conditions,
  • extend the length of the probation, and/or
  • order counseling.

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.

What are the consequences if a person violates his probation conditions in Los Angeles County?

Per Penal Code 1203.2, Rules for Probation Violations in California, the main penalty for a probation violation is that the judge can:

  1. revoke probation, and
  2. sentence the defendant to up to the maximum term of the offense for which he was committed.

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.

Are there other consequences under California law for a probation violation?

Depending on the facts of a case, and the nature of the probation violation, PC 1203.2 does authorize a judge to:

  • revoke probation and sentence the defendant to the maximum penalty allowed under the law,
  • impose tougher probation conditions,
  • extend the length of the probation, and/or
  • order counseling.

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 probations:

  • misdemeanor (or summary) probation,
  • felony (or formal) probation, and
  • probation in California DUI cases.

What is a probation hearing?

A probation violation hearing takes place when a probationer is brought before the court for either:

  • committing a new offense, or
  • violating a condition of his probation.

During the hearing, some of the following will be decided:

  • whether the probationer is released from custody or remains in custody, and
  • whether the probationer's probation is terminated or revoked, and if so:

(a) whether the probationer is placed in jail/prison, or

(b) whether the probationer is placed back on probation with tougher

conditions.

What are some common misdemeanor probation conditions?

Misdemeanor probation conditions must always be:

  1. "fitting and proper to the end that justice may be done," and
  2. reasonable and logically related to the offense.

Some common conditions in misdemeanor probation include that the defendant:

  • 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 California domestic violence crimes).

What are some common felony probation conditions?

Felony probation often includes conditions like the following:

  • meetings with your probation officer as often as required, generally once a month,
  • payment of restitution,
  • participation in individual or group therapy,
  • submission to drug testing, in cases of certain drug crimes in California,
  • performance of community service or community labor,
  • agreement to submit to peace officer searches of your person or property with or without a warrant (referred to as "search conditions"), and
  • compliance with stay away orders not to harass victims, in cases of felony violations of California Penal Code 273.5 pc corporal injury on a spouse and other offenses.

What are some common DUI probation conditions?

California imposes certain conditions whenever a defendant is sentenced to DUI probation. Some of these depend on whether it is the defendant's:

  • first DUI,
  • second DUI,
  • third or subsequent "wet reckless" conviction.

Some conditions, though, common to most DUI probations include that a defendant:

  • not commit any additional offenses while on probation,
  • agree to submit to a DUI breath tests or a DUI blood test if arrested on suspicion of drunk driving, and
  • refrain from driving with any measurable BAC (this is California's "zero tolerance" law for people on DUI probation).

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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