When a defendant is on probation for a criminal offense and breaches a term or condition of the probationary sentence, his or her probation is revoked. Instead of serving the remainder of his or her sentence under community supervision, the probationer may have to serve it in jail. The probation violation hearing, often known as the probation revocation hearing, is when this decision is decided.
If a court decides to revoke a person’s probation, they will be sentenced to prison. The term to prison will be the same as the one given by the court during the sentencing session. If you are facing an accusation of probation violation, contact Chambers Law Firm at 714-760-4088 now to request a free consultation with a criminal defense attorney.
What are the types of probation breaches that might result in revocation?
Probation is usually revoked after serious infractions. Technical infractions may result in revocation, although they are less probable.
Probation is a type of closely monitored release. A court may free a defendant who has been convicted of a crime, but only under certain conditions. These restrictions will be in place for the duration of your probation. Probationary conditions include maintaining stable employment or school enrollment, performing community service, participating in counseling or anger management, and completing an alcohol or drug abuse program, often for a drug possession crime or for driving under the influence (DUI).
The severity of your probation terms will be determined by the type of probation imposed. There are two types in California. For felony charges, there is felony probation, and for minor offenses, there is misdemeanor, or summary, probation. A substantive infraction is a breach of one of these regulations that can result in a criminal charge.
Probation is regularly revoked due to serious breaches. The probationer will be given a suspended sentence. He or she will be sent to prison to fulfill the remainder of the sentence. They will also face fresh criminal charges as a result of the new offense, which amounted to a substantial probation breach. This new offense might result in more jail time or a prison sentence.
Technical violations are probation infractions that are not criminal crimes. Technical breaches can result in probation revocation, although this is not always the case.
What is a hearing for probation revocation?
The court will determine how to punish the probation violation during the probation revocation hearing. There are three possible outcomes. The judge has the authority to reinstate probation with the same conditions as previously, modified to make them tougher, or revoked and the probationer sent to jail.
When a probation officer learns of a possible probation violation, revocation proceedings are frequently initiated. A request to revoke probation will be filed with the court by the probation officer. A judge will issue a bench warrant if he or she believes there is reasonable cause to suspect there was a violation. When law enforcement locates the probationer, they will make an arrest, similar to an arrest warrant. The probationer will be held in custody until his or her probation violation hearing. It is at this point that you should contact Chambers Law Firm at 714-760-4088 for legal help.
