Penal Code 1203.2 – Probation Violations In California
Probation is a frequently utilized sentencing option in California criminal law, serving as an effective means for defendants to avoid incarceration while still fulfilling their societal obligations. However, failure to adhere to the terms of probation may result in additional consequences under Penal Code 1203.2 PC, California’s “probation violation” law.
Suppose a judge places an individual on formal probation for felony offenses. In that case, summary probation for misdemeanors, or DUI probation, and they subsequently commit another crime or violate the terms of their probation, they may face a range of penalties, from stricter probation terms to probation revocation and imprisonment.
Upon arrest and appearance before the court, the judge may either release the probationer from custody or revoke and terminate their probation. In California, a probation violation happens when a defendant is convicted and placed on probation only to go against a specific term or condition of that probation.
Penal Code 1203.2 PC governs the rules for probation and probation violations in criminal cases, encompassing misdemeanor probation, felony probation, and driving under the influence (DUI) cases. The language of this statute permits the arrest of the probationer for committing a crime or violating a probation condition, the termination of probation, imposition of jail time, or stricter probation conditions, all of which are determined at a probation violation hearing.
If the prosecuting attorney accuses an individual of violating one or more of the terms of their probation, they may be charged with a probation violation. Under PC 1203.2, violation of probation terms in California may result in severe consequences, including loss of freedom. Further elaboration on this topic is provided below.
Penalties
The penalties for violating probation can be serious and significantly impact your future and that of your loved ones. In the event of a probation violation, arrest warrants may be issued without prior notice, resulting in your apprehension by law enforcement at any time. Probation violation warrants are typically issued for the following reasons:
- Failure to complete a mandatory program or class
- Failure to appear in court as scheduled
- Arrest while on probation
- Commission of another criminal offense
You will also be scheduled to attend a hearing for probation violation. During this proceeding, the presiding judge will review the evidence presented to ascertain whether a violation has occurred and, if so, what appropriate consequences should be imposed.
If you find yourself in violation of probation or suspect that you may be, you must contact a competent and experienced criminal defense attorney to represent you.
Probation Violation Hearing
If you have violated the terms of your probation, the court will plan a probation violation hearing. This hearing, also known as a probation revocation hearing, will involve witnesses and evidence being presented. You have the right to legal representation, but no jury will be present. The judge will be the one to determine if you have violated your probation.
The prosecutor only needs to prove the violation by a “preponderance of the evidence,” which means it is only 51% likely that you violated probation. This is a lower standard of proof, so having an experienced criminal defense lawyer on your side is important.
If the judge finds that you violated felony probation, they have several choices. They could revoke your probation and sentence you to a state prison for the maximum time of your original offense. Alternatively, they could revoke and reinstate your probation with new terms, which may include time in county jail and an extension of your probation period. You may also be ordered to spend time in a drug rehabilitation facility. Violating a felony probation will most likely result in a jail sentence.
People In Probation Have Limited Rights
If you’re on probation, you have fewer rights. You still have the right to an attorney, call witnesses, and defend yourself, but some rights are waived because you’re already convicted. For instance, you can be arrested without a warrant, and your property may be searched without a warrant if it’s related to your probation. You don’t have the right to a jury trial for probation violations. Instead, your hearing will occur before a judge, who will decide your fate based on a preponderance of the evidence. To avoid probation violation charges, it’s crucial to build a solid defense to have the charges dismissed or minimize the penalties. Contact our law firm for legal advice.
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Yuliya Kelmansky is an Expert Attorney who has over 15 years of practice defending a variety of cases.
