The court system in California may grant an individual probation in lieu of jail or prison time. Individuals who are on probation may be able to avoid time behind bars. However, they have to follow specific orders from the court while on probation.
Individuals commit probation violations when they disregard the rules of the court. The results of a probation violation are covered in Penal Code 1203.2. Find out more about these penalties and how to fight them with the Simmrin Law Group. Contact us today at (310) 896-2723.
Basic Information About Penal Code 1203.2 in California
PC 1203.2 details the penalties for a probation violation in California. PC 1203.2 also allows for the arrest of individuals who violate their probation.
PC 1203.2 deals with different kinds of probation here in California. This legal code is used to handle violations for:
- Misdemeanor/summary probation
- Felony/formal probation
- DUI (driving under the influence) probation
Generally, misdemeanor probation is less serious than felony probation. However, all forms of probation come with their own regulations.
Arrests for Probation Violations Under PC 1203.2
PC 1203.2a focuses on the rules for arresting someone who violates their probation. Individuals violate their probation if they disobey the conditions set down by the court. Arrests for probation violations do not always require a warrant. Parole, police, and probation officers can all make this type of arrest.
Individuals arrested for a probation violation are brought to court in California. Once in court, how the case proceeds is up to the judge. Judges in California have the legal right to terminate an individual’s probation after an arrest.
Find out more about what happens after an arrest for a probation violation and what we can do for you by contacting the Simmrin Law Group. Speak to our Los Angeles criminal defense lawyers today. Just call (310) 896-2723 to get started.
Penalties for a Probation Violation Under PC 1203.2
Violating probation is a serious action in California. Individuals who violate their probation can have their probation revoked. This means they could end up spending time in jail or even prison. However, the court does not always revoke probation after a violation.
Judges sometimes allow individuals to remain on probation after a violation. Instead of prison, the judge may add additional time or restrictions onto the individual’s probation. These effects should be taken seriously in the state of California.
Examples of Probationary Restrictions in California
Individuals must follow the orders of the court while on probation in California. There are many possible regulations handed down by the court in cases involving probation. For example, individuals may be ordered to:
- Pay restitution and/or fines
- Attend therapy sessions
- Find work or carry out community service
- Obey a restraining order or a stay-away order
- Submit to drug tests or property searches
Additionally, individuals in California are required to refrain from committing additional criminal acts while on probation. An arrest or conviction for a subsequent crime can lead to a probation violation.
Finally, there are special regulations for those who are on DUI probation. These individuals face California’s “zero tolerance” law for blood alcohol content (BAC). This means they are not legally allowed to drive if their BAC is over 0.01%. This is much lower than the normal BAC limit in California. Drivers on DUI probation also have to take a DUI blood or breath test if they are stopped for a subsequent DUI.
Probation Hearings and Penal Code 1203.2
The court does not just automatically decide to revoke an individual’s probation even after a violation. Instead, the defense can request a probation violation hearing. This hearing allows the court to decide how to handle the violation.
Probation hearings are handled by a judge. There is no jury present for these hearings. Additionally, at this hearing the prosecution only has to prove that a violation has occurred. These factors set probation violation hearings apart from criminal trials.
While not as complicated, it is still a good idea to consult with a lawyer before your probation hearing. A criminal defense lawyer in Los Angeles can help if you were accused of violating your probation.
Learn More About Penal Code 1203.2 and How to Defend Yourself Against Probation Violations
The Simmrin Law Group is here to help if you have been accused of a probation violation in California under Penal Code 1203.2. Reach out to us for help by completing our online contact form. You can also call us at (310) 896-2723 for a free consultation. Our criminal defense lawyers in Los Angeles are here to help you build your case today.