You can face several penalties following a criminal conviction. The potential penalties include fines, paying restitution to the victim, and a jail term. The judge could grant you probation instead of imposing a jail term. Usually, the court grants you probation if you have no extensive criminal history. Probation typically permits you to spend part or the whole of your sentence out of jail. However, probation often has strict conditions, which the court expects you to comply with. The conditions of probation will vary based on the underlying criminal offense. You could face charges for violating probation if you fail to comply with one or multiple conditions of probation. The judge can impose severe repercussions for violating probation, including revocation and a return to custody to serve your initial jail term. If you are accused of a probation violation, the California Criminal Lawyer Group can help you fight your charges in Fresno.

Probation Violation Explained

The judge can impose supervised probation if you are convicted of a crime. Probation is usually an alternative to a jail term and is not offered to all defendants. Your attorney must negotiate with the prosecutor for you to secure probation. You will likely secure probation if you are a first-time offender facing charges for less severe crimes.

Probation is also not mandatory. You can reject the offer and serve your jail term if it does not serve your interests. If the court grants you probation, you could serve part or your entire sentence out of custody and on community service. You will only be required to comply with the conditions of probation. You could face informal or formal probation based on the nature of your charges.

Informal Probation

The judge can recommend an informal or misdemeanor probation if you are guilty of misdemeanor charges. You could serve this supervisory sentence instead of a jail term for your misdemeanor conviction. The judges often impose informal probation on juveniles and first-time offenders. Informal probation gives you a chance to serve your sentence out of custody.

While on informal probation, you report to the judge, not the probation officer. The judge also needs a probation report before placing you on informal probation. Informal or misdemeanor probation generally takes one to three years. The conditions of misdemeanor probation include the following:

  • Avoid committing another crime while on probation.
  • Seeking and keeping meaningful employment.
  • Participating in individual or group counseling.
  • Avoid the use of drugs or alcohol.
  • Engage in community service.
  • Payment of court fines.
  • Payment of restitution to the victim.

Formal Probation

The court could impose formal or felony probation if you are convicted of a felony offense. You could spend some of your jail term serving the community if convicted of a felony offense. Formal or felony probation typically takes three to five years. The judge could appoint someone to monitor your progress once he/she imposes felony probation.

The probation officer will supervise you to ensure you stay and seek a meaningful job in the state. Apart from monitoring your progress, the probation officer will document your behavior and ability to adhere to the conditions of probation. The probation officer will also report to the judge if you violate any condition of probation. He/she will also be responsible for initiating probation violation hearings.

The court cannot offer all defendants probation because of the seriousness of some felony crimes. The probation department would assess various factors of your charges to ascertain your eligibility for a reduced sentence. The following are some of the factors that could affect your eligibility for a reduced sentence:

  • The impact of a jail term on your life.
  • Your willingness to follow probation conditions.
  • The severity of your charges. You are not eligible for felony probation if you are guilty of violent, sex-related offenses or gun offenses.
  • Your adult and juvenile criminal records. You are less likely to secure felony probation with extensive criminal records.

You should adhere to the following conditions if the court grants you felony probation:

  • Avoid the company of certain individuals.
  • Submit to searches of your person and property.
  • Avoid committing additional crimes while on probation.
  • Stay in your jurisdiction while on probation. If you have an emergency that requires you to travel out of the state, you must report it to the probation officer.
  • Complete your drug and alcohol treatment programs.
  • Mandatory drug testing.
  • Complete designated community service hours.
  • Meeting with your probation officer regularly throughout the probationary period.

You could be charged with probation violation if you fail to comply with the above conditions.

Forms Of Probation Violation

The common probation violations include the following:

Committing Another Offense While On Probation

Avoiding engaging in criminal acts is one of the typical conditions of probation. You will face criminal charges and charges for probation violations if you are arrested for committing an additional crime while on probation.

Violation Of A Restraining Order

When the judge grants you probation for domestic abuse convictions, he/she could impose a protection order. Contacting the protected person is a probation violation, which could attract severe penalties. If the judge imposes a stay-away order, you should contact the protected person physically or electronically.

Positive Alcohol And Drug Tests

The court can require you to undergo mandatory alcohol or drug tests while on probation. If you fail to take tests or test positive for the substances, it is a probation violation. The judge mainly imposes this condition for driving under the influence of alcohol crimes.

Failure To Report To The Probation Officer Or Court

While on felony probation, the law requires you to report to your probation officer regularly. It is a probation violation if you fail to report your progress to the probation officer or the court.

Failure To Pay Court Fines

You must pay fines as part of your conviction if the judge orders you to do so. Both misdemeanor and felony probation require you to pay fines to the court and restitution to the victim. Fines and restitution are usually part of your sentence. Failure to pay could be considered a probation violation.

Failing To Attend Court Hearings

An order you must adhere to even while on probation is a requirement to appear in court. You could face charges for violating probation if you fail to honor court dates.

Possessing Firearm

According to the firearm possession law, you are not allowed to possess or own a firearm if convicted of a felony. It is an offense to use or buy a firearm even when you are sentenced to probation.

Failure To Maintain Your Job

You could face severe penalties if you fail to seek and keep employment while on probation.

Failure To Attend Court-ordered Programs

It is a probation violation if you fail to attend court-ordered programs like rehabilitation and counseling.

Probation Violation Hearing

The probation officer or district attorney could initiate a probation violation hearing if you violate your probation conditions. The court could schedule a probation violation hearing for a misdemeanor or felony probation violation. Usually, the judge sets this hearing once the probation officer informs the court of the breach of probation terms.

Once the probation officer reports a probation violation, the judge will issue a bench warrant against you. Unlike an arrest warrant, the judge could issue a bench warrant for probation violations and failing to follow other court orders. Law enforcement can arrest you once the court issues a bench warrant against you. Law enforcement will then take you to court to answer the accusations against you.

A bench warrant does not have a statute of limitations. It will remain effective until you appear in court, and the judge will decide whether you violated the conditions of probation. You are not eligible for bail once you are arrested and jailed for violating probation conditions. A bail keeps you out of jail until the judge rules your case.

While awaiting your probation violation hearing, you can only secure a bail release if:

  • You are almost completing your probation sentence.
  • You have complied with all the essential probation conditions.
  • You have not committed a severe probation violation.

The judge will listen to the prosecution and defense during the probation violation hearing. He/she will then decide on the appropriate punishment for your violations. The choice of your criminal attorney could significantly influence the verdict of your violation hearing. A skilled and competent attorney could use the following defense strategies to help you win at the hearing:

Gather Essential Evidence On Your Accusations

Your attorney can investigate various facts of your case and gather enough evidence because you have the right to learn about your accusations. Your attorney could check the arrest report from law enforcement and any allegations that show you violated the probation terms.

Seek Credit For Time Served

You are entitled to credit for time served in jail if the court revokes your probation and reinstates a jail term. For example, the judge could have imposed a one-year jail term, and you served six months before commencing probation. In this case, you can only be in jail for six more months.

Presenting Mitigating Evidence

An accidental act or a mistake of fact could be mistaken for a probation violation. You can gather evidence to persuade the judge to reduce your punishment if you violate a probation condition, and dismissing your case is impossible. You can exercise your right to present mitigating evidence that explains why you violated probation.

Your Rights During Probation Violation Hearing

You should understand your rights as you go through the violation hearing. This could assist you in avoiding severe punishment for minor violations. The following are your rights at the probation violation hearing:

A Right To Present Evidence And Witnesses

The prosecutor will present evidence proving a violation of your probation conditions at the beginning of your violation hearing. You also have a right to table your evidence after the prosecutor has presented their evidence. The law also allows you to present witnesses who can testify against the accusations.

Right To Hire An Attorney

Your right to legal representation remains, even if hearings are less formal than criminal trials. An experienced attorney will investigate the facts of your case and persuade the judge that you did not breach the conditions.

Right To A Neutral Judge

The court will set up a hearing where your attorney and the prosecutor will present their arguments if you commit severe probation violations. You have a right to be heard by a neutral judge during the hearing.

Right To Information Regarding The Violation

Once the probation officer reports your probation violation, there is no standard rule for what must happen. The probation officer can issue a warning and let you walk free if the violation is not severe. Information about your violation allegations lets you plan the best defense strategy for the accusations.

Difference Between Probation Violation Hearing And Criminal Case Hearing

Probation violation hearings differ from criminal case hearings in the following ways:

Case Determination

The jury hears your case and determines if you are facing criminal charges. On the other hand, a judge presides over a probation violation hearing. The judge presiding over your case will ascertain if the evidence presented is enough to prove that you violated the conditions of probation.

Burden Of Proof

The prosecutor must prove the elements of your offense in a criminal case beyond a reasonable doubt. This is the highest level of proof, and the prosecutor must be clear before you face the charges. The burden of proof required to determine that you violated probation conditions is lesser.

You could be guilty under PC 1203.3 if the judge believes by a ‘’preponderance of evidence’’ that you violated probation conditions. A preponderance of evidence is a burden of proof in which the judge must provide substantial evidence that you violated at least one probation condition. You will face probation violation charges if the court affirms you are more likely to commit a probation violation. You could be subjected to a probation violation hearing when the prosecutor accuses you of breaching any condition of your probation. In this case, the prosecutor must prove that you violated at least one of the probation conditions.

According to California law, probation violation hearings can incorporate hearsay evidence. This can constitute testimonials outside the court that provide details about probation violation allegations. Hearsay evidence is valid in court, provided it is reliable.

For example, the court can order you to attend counseling programs if you are convicted of an offense. However, you miss several programs, and the counselor calls you, and your brother answers the call since you traveled. This response is not admissible in a criminal case but is allowed in a probation violation hearing. It is valid in a probation violation hearing because it shows that you intentionally decided not to attend the counseling programs. Such a case is considered a probation violation.

Penalties For Probation Violation

According to Penal Code 1203.3, the judge could change, modify, or revoke your probation conditions if you are guilty of a probation violation. After your violation, the judge will devise a sentencing scheme. The judge has discretion in determining your sentence, but he/she could also consider the following factors:

The Time You Have Left On Probation

You could face lesser punishment if you violated your probation towards the end of your probation sentence. On the other hand, you could face severe penalties if you violate your probation within the first months of serving a sentence.

The Severity Of Your Violation

Probation violations differ from one offense to another. For example, felony probation attracts the following conditions:

  • Avoiding committing other crimes.
  • Finding employment.
  • Regular check-ins.

The consequences of failing to meet with your probation officer will vary from those for committing another offense while on probation.

Your Criminal Record

The courts are usually harsh on repeat offenders. You will face severe penalties if you have an extensive criminal record or a record of probation violations.

The Severity Of Your Conviction

The judge could consider the nature of your underlying conviction during the sentencing for probation violation. A probation violation could attract more severe penalties if you are convicted of a serious crime.

The judge will order your release and continue your probation sentence if insufficient evidence proves you violated your probation conditions. However, the judge could give you the following penalties for your probation violation:

Reinstatement Of Probation With Harsher Conditions

The court could allow you to continue serving probation and impose stiffer probation conditions if your probation violation does not warrant revocation. Some of the conditions could be as follows:

  • Check-ins with a probation officer.
  • Substance abuse treatment.
  • Mandatory counseling.

Extension Of Your Probation Term

The probation period could take one to five years, depending on the severity of your criminal charges and the type of probation. The judge could extend your probation if you violate one or more of your probation conditions. The longer you serve on probation, the longer you will be tied to the court system. Additionally, your chances of violating another probation condition could be high.

The court could be lenient if it is your first probation violation. You could face harsher penalties, like revocation if your probation condition is extended and you are caught up in another crime.

Revocation Of Your Probation And Imposition Of A Maximum Sentence

The judge could order the revocation of your probation if the evidence provided by the prosecutor proves the probation terms violation claims. The judge could also impose a maximum jail term applicable for your offense. For example, you could face a 16-month to three-year jail term for a felony grand theft conviction.

If you are charged with a crime and the judge sends you to felony probation instead of jail, a probation revocation could make the judge impose a jail term of three years on you.

Revocation Of Probation For Your Initial Jail Term

The judge could impose various sentences if you are guilty in your criminal case. The sentence could include fines and a jail term. However, the judge could sentence you to probation rather than spending time behind bars. The judge could order a probation revocation if he/she finds that you violated your probation. In this case, you will serve your initial jail term.

For example, you could face a 16-month, two-, or three-year jail term for a standard felony conviction. However, you could face a jail term of two years, depending on the circumstances of your case. In this case, you must return to jail for two years after a probation revocation.

Defenses For Probation Violation Charges

A probation sentence aims to keep you out of custody. You could face severe repercussions if the judge finds that you violated one of the conditions of probation. The repercussions could include the reinstatement of a jail sentence and the revocation of probation. You should, therefore, be aggressive when fighting the accusations. Some of the defenses you could present include:

Your Violation Was Not Intentional

Sometimes, you must be reminded that you are violating probation by acting in a certain way. For example, the judge could issue a restraining order when you face a conviction for domestic violence. A restraining order typically prevents you from reaching out to the victim. You could face a probation violation charge if you are in the same area as the protected person. If you can prove that you were unaware of the victim’s presence, the court could consider your violation accidental.

Violation Was Not Serious

The court could impose various probation conditions on your sentence. Some conditions are general, while others are related to your case. You could claim that the imposed condition was unnecessary for your case during the probation violation hearing. The judge could be lenient, although this defense will not protect you from the impact of your violation.

You Did Not Violate The Terms

Disputing that you violated probation conditions is one of the most common defenses. For example, you can focus on fighting the criminal charges when you are accused of probation violation by committing another crime. The judge will not punish you for probation violations if you are found innocent of the alleged additional offense.

Find A Criminal Defense Attorney Near Me

You need a skilled and experienced attorney if you have been arrested for a probation violation. A probation violation offense can be devastating since it can attract a jail term. At the California Criminal Lawyer Group, we are committed to offering the best legal guidance and even representing you in court. We will create the best defense strategy in Fresno, depending on the facts of your case. Contact us today at 559-712-8377 to speak to one of our attorneys.