What Are the Consequences of Violating Probation in California?

Being placed on probation in California is a great opportunity to avoid jail or prison. However, it also comes with strict rules. Understanding the consequences of violating probation is crucial in protecting your rights and freedom. Read on and work with a skilled Red Bluff criminal lawyer for experienced legal counsel.

What is Probation?

Probation is a court-imposed alternative to incarceration. When an individual is convicted of a misdemeanor or felony, one of the possible repercussions is a term of imprisonment. Being awarded probation instead allows you to remain out of prison and in the community while under supervision. Probation is often confused with parole, which is supervision for individuals released from prison before they have completed their sentence. When given probation, you are avoiding jail time entirely.

What Counts as a Probation Violation?

When you are granted probation instead of incarceration, you are agreeing to comply with certain conditions for the duration of the probation period in exchange for your freedom and staying out of prison. Each case is unique, but common conditions of probation include:

• Obey all laws and refrain from committing new crimes
• Report to a probation officer frequently
• Remain in the county or state unless granted permission
• Maintain employment or attend school
• Notify a probation officer of any address or job changes
• Pay fines or restitution
• Submit to random searches of your person, vehicle, or home
• Submit to random drug and alcohol testing

Any behavior that contradicts the conditions of your freedom while on probation can be considered a violation. For example, if you miss an in-person meeting with your probation officer, it is a violation. The same can be said for going out of state without requesting permission or refusing to get a job.

What Are the Consequences of Violating Probation in CA?

If you are suspected of violating probation, the first thing that will happen is that you will be arrested. California Penal Code § 1203.2 grants probation officers and other law enforcement the right to rearrest a person on probation, given that they have probable cause to believe that they are in violation of any term or condition of probation.

A violation hearing will be held to determine whether a violation occurred and the severity of the offense. Depending on the evidence presented, a court can modify, revoke, or terminate probation. Possible penalties include:

1. Revoking probation and imposing the original sentence that would have otherwise been given
2. Adding conditions such as counseling, community service, jail time, etc.
3. Extending the term of probation to increase the amount of time you are under supervision

A judge could also decide to reinstate probation under the same or adjusted terms if it is deemed appropriate. Criminal law can be complex, so it is always wise to secure the representation of a skilled attorney. Reach out to Cohen Criminal Law to speak with an experienced lawyer today.