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California Probation Violation Attorney – Penal Code 1203.2 PC

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Facing a vop charge in the state of California? If so, read on to learn more about probation violations and how My Rights Law crimes against justice lawyer can defend you and protect your rights. Call us at (888) 702-8882 or contact us through our secure web form for a free, confidential consultation today.

Probation is a penalty for criminal convictions in the state of California. It may be a complete sentence or combined with other penalties such as fines, community service, or jail time. If you are put on probation, you can stay in your community. Many individuals can continue working or going to school while on probation. But after you are convicted of a crime, you will have to follow certain restrictions depending on the crime and the type of probation that the court imposes. If you violate any of these restrictions, you may be subject to a probation violation.

What Is A Probation Violation?

Depending on the terms of your probation, a violation will look different for everyone. In California, any individual on probation who does not comply with the terms of their probation is subject to arrest[1]. This arrest can occur with or without a warrant. Usually, the court will issue a warrant for your arrest. Still, if a probation officer reasonably believes you are not complying with the terms of your probation, they can arrest you without a warrant. After the arrest, you may have the chance to post bail at your violation of probation, VOP, hearing.

In California, during a VOP hearing, the prosecutor and your defense attorney will present evidence and testimony about your probation violation. In this hearing, the prosecution only has to prove their case against you by a “preponderance of the evidence” or, more likely than not. This is lower than the usual criminal standard of “beyond a reasonable doubt” since you have already been convicted of the initial crime. The hearing is only in front of a judge; there will not be a jury present.

Consequences Of Probation Violation

If you violate your probation, the judge may offer many different penalties[2] based on the situation. If this is your first probation violation, the judge may allow you to return to your probation without changing any terms. It is up to the judge the penalties that may be imposed. Depending on the type of violation, a judge may even seek to change the length or terms of your probation agreement and add additional requirements such as classes or community service.

Examples Of Probation Violation

Examples of probation violations may range from committing another crime for which you will be charged and your probation revoked[3] to a less severe violation. These violations are called “technical violations” of the terms of your probation. Examples of these violations are:

  • Failure to report to a probation officer
  • Failure to pay fines or fees
  • Failure to appear at court hearings
  • Failure to complete counseling or other education as ordered by the court
  • Failure to complete community service
  • Leaving the jurisdiction or area without permission
  • Violating a protective or restraining order

Depending on your exact situation and the type of probation you have been granted, the above violations may or may not apply to you. It is up to you to clearly understand what is and is not allowed under your type of probation.

Types Of Probation

Under California law, your probation violation may be affected by the type of probation the judge ordered for you. If you committed a misdemeanor, a less serious crime, and you are placed on probation, you would most likely be placed on informal or summary probation. If you committed a felony and are placed on probation as all or part of your sentence, you will most likely be placed on formal probation.

Informal Or Summary Probation

Under informal or summary probation, you may be released back into the community. You will also be under inactive supervision for any period between one month and five years. This form of inactive supervision does not require you to check-in with a probation officer regularly, but you may have required court dates. These court dates will allow the court to monitor your progress to ensure you have not committed any probation violations.

If you are granted informal or summary probation, you will have more freedom, but you will have to suffer the consequences if you do not follow your probation. By knowing the conditions of your probation, understanding the common probation violations, and consulting with an attorney, you can avoid the consequences of a probation violation, including jail time.

Formal Probation

Formal probation is also commonly known as felony probation. This is generally given when you have been convicted of a felony or a misdemeanor, and you may pose a danger to the community. After being released from jail or prison, you will be assigned a probation officer, with whom you must check in on designated days. The frequency of these meetings may change based on the conditions of your probation and your behavior and situation. Depending on your probation officer and the conditions of your probation, your probation officer may also be able to inspect where you are living.

You can also violate the terms of formal probation just as you could violate the terms of informal or summary probation. If you violate formal probation, your consequences may be more severe.

Changes To Probation Through AB 1950

AB 1950, signed into law by Governor Newsom[4], reduces adult probation time for most crimes committed in CA beginning in 2021. The law is aimed at reducing the inmate population and the costs of maintaining prisons and jails. This law reduced the probation term from three years to one year for misdemeanor offenses, and from two years to one year for certain felony offenses (not applicable to violent felonies[5]).

How Our Probation Violation Lawyer Can Help

An experienced criminal defense attorney can help you navigate your options if you have recently committed a probation violation or don’t know or understand the conditions of your probation. Consulting with an attorney can give you the peace of mind of knowing what may cause a violation of your probation and what you are free to do. By understanding your probation first, you can avoid a probation violation.

If you have already committed a probation violation, our experienced attorneys can ensure you are represented so your probation won’t be revoked. By having representation at the revocation hearing, we can defend you against the prosecutor’s claims regarding your alleged violation. Don’t let your rights get taken away; call us and let us represent you in your probation violation case.

Are you gearing up for a probation revokation hearing involving a misdemeanor probation or felony probation violation? You’ll want an experienced California probation violation attorney to appear alongside you in your case, especially at probation violation hearings. Whether it’s a felony or misdemeanor probation, you should take probation violation charges seriously. My Rights Law California probation violation attorneys are here to help you.

My Rights Law – Criminal & DUI Attorneys mission is to defend those facing criminal charges. Our experienced California probation violation lawyers will do everything in our power to help you fight these charges. To learn more about how My Rights Law can help you in your criminal case, reach out to us by calling (888) 702-8882 or leaving a message on our secure web form.

Other crimes against justice we defend include: Parole Violation

FOOTNOTES
[1] CA Penal Code 1203.2(a) PC.
[2] CA Penal Code 1203.2(c) PC.
[3] CA Penal Code 1203.2(a) PC.
[4] Assembly Bill No. 1950 (2021).
[5] See Penal Code 667.5 PC.

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