How Do Probation Violation Hearings Work?
If you are serving probation in California, violations of your probation terms may land you in front of a probation violation hearing. Whether your probation is summary (misdemeanor) or felony, a probation violation hearing can imperil your freedom.
At a probation revocation hearing, a judge will determine whether you have violated the terms and conditions of your probation. If you’re found guilty of a probation violation, you could end up in jail.
What Triggers a Probation Violation Hearing?
For people on probation, violations that commonly lead to a hearing include:
- Failure to pay a fine.
- Not showing up for a scheduled court date.
- Not attending court-ordered education or counseling classes, such as anger management or DUI school.
- Skipping a required drug test.
- Committing a new crime.
To avoid violating your probation, ensure that you know all the conditions of your probation and create reminders for all ordered court dates, tests, and classes.
What Happens When a Probation Violation Hearing Is Required?
Your probation officer (PO) will typically be the first person in the legal system aware of your alleged violation. However, prosecutors and judges can also initiate probation violation hearings.
Once a court has determined that you may have violated your probation’s terms, a judge usually issues a bench warrant. While different from an arrest warrant, a bench warrant authorizes the police to arrest you and bring you in front of the court.
Depending on the allegations, you may or may not be granted bail pending your hearing. A skilled criminal defense attorney can help argue you deserve bail or a reduced bond requirement.
What Makes a Probation Violation Hearing Different From a Criminal Trial?
There are two significant legal differences between a probation violation hearing and a criminal trial.
First, the standard of proof is lower in a hearing. The standard of evidence is the bar a prosecutor must clear to prove their case. In a criminal trial, your guilt must be proven beyond a reasonable doubt. However, in a probation violation hearing, a prosecutor must only show that you violated your conditions by a preponderance of the evidence. This is a far lower threshold than beyond a reasonable doubt.
The second key difference from a trial impacts the rules of evidence. In a criminal trial, the prosecution generally cannot use hearsay evidence against you. But during a probation violation hearing, hearsay evidence is usually allowed.
The concept of hearsay evidence can be challenging to understand, but the general definition is that it is a statement:
Which attempts to prove the content of the statement; and,
It was made by someone other than the witness testifying at the proceeding.
This change to the evidence rules makes a hearing less strict than a trial, which can negatively impact your defense.
What Happens After the Hearing?
After the hearing, a judge will determine whether you violated any of the terms or conditions of your probation. A finding of no violation will lead to your release under the same probationary rules. However, if the judge finds you committed a violation, they can:
- Reinstate your probation at the same terms as before;
- Change your probation to be more severe or strict; or,
- Revoke your probation and sentence you to jail.
If you are locked up after the hearing, your sentence is determined by whatever length of time was suspended when you were initially granted probation.
Do you have an upcoming probation violation hearing in Los Angeles, California? Your freedom is too valuable to leave the results to chance. An experienced criminal defense lawyer can give you the best chance of staying on probation. Contact the Chambers Law Firm to schedule a free introductory case evaluation by calling 714-760-4088 or emailing dchambers@clfca.com.
