A first-time violation of probation in California can result in serious consequences, including the possibility of jail time. Depending on your situation, you could be ordered to go through treatment for substance abuse, counseling for issues such as anger management, or complete community service.
More serious repercussions for a violation can include adding additional terms to your probation. In these cases, a judge could also extend the length of your probation. You could even end up having your probation revoked and be forced to serve out the rest of your sentence behind bars.
How Serious Is a Violation of Informal Probation in California?
California offers informal probation to individuals who committed non-violent and non-drug-related crimes. This form of probation is not as strict as formal probation, which is often assigned to individuals who committed a felony. Both types of probation give you the chance to stay out of jail while serving out a punishment for a crime.
Though the terms of informal probation are typically not as strict, you can still face punishments for a violation. The exact consequences will depend on your actions and the judge’s decision.
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What Are Some Common Probation Conditions in California?
The scales of justice in an empty courtroom. Learn more about what happens after violating your probation for the first time in California.
Sometimes, a judge may get creative when setting out the provisions that a probationer must meet. However, most of the time, they will stick to the basics. The specific conditions you may face for a probation violation depend upon the seriousness of the offense. Different guidelines are in place for informal and formal probation in California.
Informal Probation
Informal probation is also commonly referred to as summary or misdemeanor probation. This form of sentencing is generally pretty relaxed and relies more upon self-supervision, as the offender is not required to regularly meet with a probation officer. Some of the common conditions of informal probation include:
- Paying fines
- Paying restitution to any victims
- Community service
- Attending counseling sessions
- Seeking and obtaining gainful employment
- Obeying a restraining order
Formal Probation
Formal probation is also known as supervised or felony probation. Those facing felony probation must regularly report to a probation officer. They are often subjected to many other conditions, some of which are much tougher than the common orders given under informal probation. A few of the most common conditions that the court will assign include:
- Regular meetings with a probation officer
- Paying fines
- Paying restitution to victims
- Community service
- Attending counseling sessions
- Seeking and obtaining gainful employment
- Obeying a restraining order
- Submitting to regular drug testing
- Completing a treatment program
- Agreeing to submit to peace officer searches when requested (these can be searches of your person or property and do not require a warrant.
What Are Some Ways to Violate Probation in California?
There are many ways that you can violate your probation in California. People commonly break their probation by failing to:
- Complete classes, treatments, or programs ordered by the court
- Finish an ordered activity by the deadline
- Attend all meetings with a probation officer
You may also act against the terms of your probation by:
- Using a suspended license to drive
- Violating traffic laws
- Being arrested for another offense
Can Your Record Be Expunged If You Violate Probation?
Expunging a conviction in California involves removing it from your record. This means you can testify that you were not convicted of the expunged crime while under oath. Once your record gets expunged, most jobs won’t require you to disclose a conviction, and you can apply to get public licenses.
Unfortunately, the state of California generally does not offer expungement to individuals who violated parole. However, there are situations where you can qualify for this process. An experienced lawyer can help in this regard.
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What Controls the Consequences for Violating Probation?
The consequences you could face depend on numerous factors, including the severity of your probation violation. Courts sometimes consider how far you were into your probation term when you violated it. A violation at the beginning of your probation can be seen differently than one that occurs when your probation is about to end.
Additionally, the court may also look to your probation officer for recommendations when deciding on a punishment.
How Are You Sentenced for a Probation Violation in California?
A judge will decide on a sentence after you are given a probation revocation hearing. You will not be before a jury in this kind of case. Additionally, the burden of proof for the prosecutor is far lower in these cases than in a criminal trial.
Instead of proving your guilt beyond a reasonable doubt, like in a criminal trial, the prosecutor must simply prove that you are more likely guilty than you are innocent.
You have the right to offer a defense at your probation revocation hearing. You can call witnesses and provide the court with evidence. You’ll also be told about the evidence against you.
Additionally, California allows you to utilize hearsay evidence when making a defense. Having an attorney by your side could be very helpful in securing a desirable outcome for your case.
Adding Additional Terms to Your Probation
Another possibility for a serious violation can be a judge adding additional terms to your probation. For example, you might initially have been required to:
- Get a job
- Pay your court fees
- Obey all applicable laws
After violating probation, your terms could be updated to include:
- Taking regular drug tests
- Contacting a probation officer regularly
- Abstaining from drugs and alcohol
Is There Any Way to Lessen the Penalties for a Probation Violation?
It is possible to come out of your probation revocation hearing without facing any additional penalties. The judge must simply find that you weren’t in violation of your probation for this to occur.
If a judge determines that you were not in violation, you can go on with your probation as before, without making any adjustments. It also maintains your eligibility for expungement of your conviction.
What happens when your probation is revoked?
However, it can be very difficult to get this type of ruling. The process of defending yourself can be complicated, and without expert help, you could find out the hard way what happens when your probation is revoked. Working with an experienced probation violation attorney could increase your chances of ending up with a favorable result at your probation revocation hearing.
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