What Happens If You Violate Probation in California?

After you are given probation in Orange County, you should carefully read and follow all of the rules of your probation. Besides potential civil penalties, you can receive jail time for probation violation in California. In some cases, like treatment-mandated felonies, you may get felony charges reinstated as well. This can end up impacting any CPS or immigration case you are dealing with, making the impact of probation violations especially troubling.

If you commit a misdemeanor or felony probation violation in California, the consequences can vary significantly. The judge will respond to your violation in three different ways.

• Add other restrictions to your original probation requirements.
• Give you the same probation conditions as before.
• Revoke your probation and send you to jail.

In California, probation is something that is given in lieu of sentencing you to prison or jail. For example, your probation sentence may involve finding a job, starting community service, abstaining from drugs and alcohol, making restitution, carrying out a no-contact order, or wearing an electronic monitoring device.

For a misdemeanor crime, you generally won’t have a probation officer. Instead, you will appear before the judge from time to time to report on the status of your probation. Then, it is up to the judge to determine if you have been successfully sticking to your probation requirements. If you have committed a probation violation 1st offense in California, a probation violation hearing will be scheduled.

This probation hearing is your chance to argue your case. You may argue that there were mitigating circumstances and review the evidence the state has. Because this is a probation hearing and not a trial, you don’t have the same rights as an actual trial.

Typically, felony probation lasts for three to five years. Periodically, the Orange County’s probation department will have to create a probation report that shows how well you are fulfilling your probation requirements.

Whether this is your first violation or you’re dealing with your probation violation 2nd offense in California, there may be stiff penalties involved. However, you may be able to argue that there were extenuating factors, depending on the reason why you violated probation. The following are some of the most common reasons for probation violations in Orange County.

• The defendant didn’t show up for your court date.
• They were arrested on a new charge.
• The defendant didn’t report to their probation officer.
• They refused to be searched or drug tested, per the requirements of their probation.
• The defendant didn’t pay the fine or restitution they were supposed to pay.

There are a few things that can happen if you violate your probation. Other than jail time for probation violation in California, the judge could choose to continue your original probation or give you additional restrictions. To achieve the best possible outcome, it’s important to be proactive about your response.

• First, reach out to your attorney to get professional advice right away.
• Gather evidence to show what happened.
• Present any mitigating evidence.
• Remember that the same burden of proof isn’t necessary in probation hearings as they are in trials.
• Cooperate with your probation officer. Trying to resist arrest or refuse a drug test will only make the situation worse.

While you can receive jail time for probation violations in California, there are other possible outcomes as well. The judge can decide to continue your original probation or add new restrictions. Because of this, you should be proactive about dealing with a violation. Reach out to your lawyer right away, get legal advice, and start building your defense.

To learn more about dealing with probation violations in California, reach out to our team of legal experts today.