If you are convicted of a crime in California, the judge has discretion to “suspend” the imposition of your sentence and grant probation instead of sending you to jail or prison. Probation allows you to complete your sentence in the community under a “conditional release.” Once you have successfully completed your probation, you may be entitled to return to court and request the judge to “set aside” your guilty plea or your conviction by jury verdict.
However, if you fail to successfully complete your probation or violate any of its terms, it may result in serious problems and even jail or prison time.
Different Way to Violate Probation
Violating the terms of your probation is a crime in itself and the consequences can be serious. Some of the different ways you may violate your probation include:
Failing to appear at a mandatory court hearing (also known as “FTA”)
- Failing to pay court-ordered fines and fees
- Failing to report to your probation officer as required by the court
- Failing to comply with the instructions provided by your probation officer or department
- Failing to participate in and complete court mandated treatment or counseling
- Failing to complete community service
- Committing or getting arrested for a new crime
Generally speaking, these types of violations are cut and dry, in that the act either happened or it didn’t. As such, proving probation violation does not involve a lot of fact finding. The major issue, however, for your criminal defense attorney may be getting your probation reinstated and keeping you out of custody.
Consequences of Violating Probation
If you violate probation, your probation officer may simply give you a warning. If you stay out of trouble, you may not face any additional problems. However, in more extreme cases, your probation officer may order you to appear in court for a probation violation hearing.
If it is proven by preponderance of the evidence (or more likely than not) that you violated parole, the judge has discretion to:
– Order you to pay fines
– Spend a few days in jail and resume probation
– Add time to the original terms of your probation
– Revoke or cancel your probation altogether
Call Us
If you or a loved one is facing probation violation, you should consult an experienced criminal attorney to help you protect your legal rights. For more information or to schedule a complimentary consultation with a dedicated criminal defense attorney, please call attorney Simon Aval at (800) 209-9808 or complete our online form.