In California, probation is an element of the sentencing process. It might be imposed as a substitute for incarceration or to shorten the duration of your jail term. You will be obliged to agree to probation restrictions if you are sentenced to probation after being convicted of a crime.
Depending on the details of your situation, these terms and conditions may differ considerably. If you are convicted of driving under the influence (DUI), for example, you may be ordered to stop drinking and/or enter an alcohol treatment program.
A probation violation hearing will be required if you breach the terms of your probation in any way. Your probation officer or a police officer may arrest you for violating your probation and bring you before a court. In other situations, if a probation violation occurs, the court may issue an arrest warrant.
You have rights at your probation violation hearing
You have the right to be represented by your criminal defense counsel during a probation hearing. You can also summon witnesses, offer evidence, and speak on your own behalf regarding issues that may have led to your probation breach. You have the right to know what evidence the prosecution has that supports the probation violation.
There is no jury in a probation violation hearing. Instead, a judge will hear your case and decide what to do if they determine that you have broken the terms of your probation. The prosecutor does not have to establish beyond a reasonable doubt that you broke your probation (as in criminal trials). Instead, they merely need to show by a majority of the evidence that the offense happened (i.e., it is more likely than not that you committed the violation).
Both the prosecutor and your criminal defense lawyer will submit evidence concerning the alleged offense at the hearing. It is permissible to use hearsay evidence if it is deemed credible. The court will decide whether you broke any of the terms of your probation at the conclusion of the hearing.
The potential results
If the court determines that there was no violation, the conditions of your probation will be reinstated. However, if they determine that you violated your probation, you will face consequences. The particular punishments will be determined by a variety of variables, including your criminal history, the severity of the offense, and the probation department’s recommendations. The judge has the authority to:
- Renew your probation on the same terms as before
- Modify your probation with additional terms and conditions
- Terminate your probation.
If you violate your probation, it will be more difficult to get your criminal record wiped in the future. It is critical to have a criminal defense lawyer defend you at a probation violation hearing for this reason, as well as the threat of being detained if you are found to have broken your probation. Your lawyer can provide facts, question witnesses, and explain that you did not violate the law.
While probation is a preferable alternative to jail, it may be a minefield for those who aren’t conversant with their probation’s unique terms and restrictions. The Chambers Law Firm can assist you if you have been charged with a probation violation. To book a free first consultation with a member of our team, call 714-760-4088 or email dchambers@clfca.com.
