California Probation
California, like most states, may sentence a criminal defendant to probation in lieu of incarceration. Whether a defendant has been sentenced to misdemeanor probation or felony probation, he will be required to comply with certain requirements during the period of probation. Failure to adhere to these requirements can result in serious penalties, including revocation of probation and incarceration.
If you have been charged with a probation violation, you have the right to attorney representation during your probation violation hearing. The prosecution has a lower burden of proof in establishing that you violated your probation and a strategic defense can help you to effectively challenge their case. An experienced probation attorney, like our Los Angeles Probation Attorneys, can be critical in mitigating the effect that a probation violation charge has on your life. We have a solid understanding of California probation laws and have a history of successfully defending probation violation cases in Los Angeles County.
Please call (213) 799-1250 to set up a free consultation to speak with a Los Angeles DUI attorney to discuss the details of your case and to learn how we can help you, also visit our homepage.
Consequences of Violating Probation
If you are found guilty of a probation violation, the judge has discretion to reinstate your probation on the same terms and conditions, amend your probation with new terms and conditions, or revoke your probation. If the judge orders revocation of your probation, he may sentence you to serve time in jail or prison.
Common Probation Requirements
Common Misdemeanor (Informal) Probation Requirements:
- Mandatory payment of restitution or fines
- Restraining order
- Attendance in a drug or alcohol program
- Installation of an ignition interlock device in your vehicle (for DUI convictions)
- Voluntary submitting oneself to search by law enforcement
- Court ordered therapy
- Community service or Cal-Trans roadside work
Felony (formal) Probation Requirements
- Supervision of a Probation Officer: Defendant will be required to report to Probation Officer regularly
- Defendant required to remain in the state of California
- Defendant required to verify his employment
- Defendant required to submit to regular drug tests
- Defendant prohibited from interacting with specific individuals
- Mandatory payment of restitution or fines
- Restraining order
- Attendance in a drug or alcohol program
- Installation of ignition interlock device your vehicle (for DUI convictions)
- Voluntary submitting oneself to search by law enforcement
- Court ordered therapy
- Community service or Cal-Trans roadside work
Probation Violations may include (but are not limited to):
- Associating with known criminals
- The non payment of court-ordered restitution/victim compensation
- Failure to attend court-ordered treatment
- Failure to appear in court
- An arrest
- Possession of illegal substances such as illegal drugs, weapons (or legal drugs without a prescription)
- Leaving the state without permission of the court/probation officer
- Failure to maintain contact with your probation officer
- Failing an alcohol or drug test
- Failing to show up for an alcohol or drug test
- Failing to register as a sex offender (when applicable)
- Failing to report a change of address or employment status
- Violating the terms of a restraining order
By Ted Burgess