A first-time violation of probation in California can result in serious consequences, including possibly jail time. Depending on your situation, you could be ordered to go through treatment for substance abuse. Some courts require counseling for issues such as anger management. You might also be required to complete community service.
More serious repercussions for a violation can include adding additional terms to your probation. For example, you might initially have been required to:
- Get a job
- Pay your court feels
- 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
A judge could also extend the length of your probation after a violation. In more severe cases, the court could revoke your probation completely, forcing you to serve out your initial jail term. In some instances, the court may issue the maximum sentence for your offense, even if this exceeds your original sentence.
How Serious Is A Violation Of Informal Probation?
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 may be offered to individuals who committed a felony. Both forms of probation give you the chance to stay out of jail while serving out punishment for a crime.
Though the terms of informal probation are typically not as strict, you can still face punishments for violating it. The exact consequences will depend on your actions and the judge’s decision.
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 weren’t convicted of the expunged crime while under oath. Once your record is 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 violated parole. However, there are situations where you can qualify for this process. An experienced lawyer can help in this regard.
What Controls The Consequences For Violating Probation?
The consequences you could face depend on numerous factors, including the severity of your violation. Courts sometimes consider how far you were into your probation term when you violated parole. 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 parole officer for recommendations when deciding on a punishment.
How Are You Sentenced For A Probation Violation?
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 prosecutor only has to prove that you are more likely guilty than you are innocent for the court to accept that the violation occurred.
You do 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 the utilize hearsay evidence when making a defense. Having an attorney by your side could be very helpful to securing a desirable outcome of your case.
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 penalties. The judge must find that you weren’t in violation of your parole for this to occur. It allows you to go on with your probation without making any adjustments. It also maintains your eligibility for expungement of your conviction.
However, it can be very difficult to get this type of ruling. The process of defending yourself can be complicated. Working with an experienced probation violation attorney could increase your chances of ending up with a favorable result at your probation revocation hearing. Take advantage of our free consultation by filling out the online form to the right or by calling us at (310) 997-4688. Get in touch with a criminal defense lawyer in Los Angeles who can help you with your case.