Probation And California Law

Probation occurs after a defendant has been convicted and is imposed as part of a defendant’s sentence. Probation is imposed after serving county jail time (if any) and the defendant is released into the community under the direction of a probation officer (Formal Probation or Supervised Probation) or the court (Informal Probation).

In formal probation cases the defendant must go the probation department and report to an assigned probation officer. The defendant also checks in with the probation officer once a month.

In informal probation cases, the defendant is not required to meet with a probation officer. Instead, he/she goes to court and keeps the judge informed as to his/her progress.

Probation Terms Must Not Be Violated

While on probation, a defendant is subject to a number of terms and conditions, such as:

• Pay a fine or victim restitution
• Perform community service
• Perform physical labor (CalTrans)
• Attend counseling, rehab program, domestic violence or anger management classes
• Appear in court for a progress report
• Stay away from a victim or a specific location
• Avoid further criminal activity (or avoid contacts with law enforcement).

California Probation Violation

Probation is generally granted for 3 years on most misdemeanor and felony cases. However, in felony cases, formal probation can be extended for as long as 5 years.

During that time, if a defendant violates any of the terms or conditions imposed by the court or the probation officer, the defendant is subject to a Violation of Probation (VOP) or a Probation Revocation. Some violations are more serious than others. For example, failing to report to a probation officer on a monthly basis is considered an administrative violation and may be looked at differently than if the defendant commits a new crime while on probation. Failing to pay restitution to a victim (depending on the dollar amount) can be considered a serious violation of probation. Either way, a defendant is in technical violation of his probation and can be punished.

When a defendant is violated on his/her probation, he/she is entitled to a formal hearing to determine if in fact there was a violation.

• This hearing is usually conducted by the judge who originally sentenced and placed the defendant on probation
• The hearing is informal, without a jury
• The judge hears and weighs the facts and the evidence
• The defendant is allowed to testify and put on a defense
• The standard of proof for a probation violation is far less than a criminal trial. If the judge believes that the defendant more likely than not did what he is accused of doing in violating his probation, then the judge will find him guilty.

Probation Violation Penalties

The judge has discretion on what punishment to impose, depending on the crime to which the defendant originally was found guilty, along with the nature of the probation violation. The judge may impose one of several punishments:

• Reinstate probation on the same terms and conditions
• Reinstate probation and impose new conditions
• County jail or state prison
• House arrest or electronic monitoring
• Time served (the defendant receives credit for the time in custody)
• Extend probation
• Prop 36 (drug rehabilitation)
• Physical labor (CalTrans)
• Community service
• Rehabilitation
• Counseling
• Treatment program.

How To Avoid Probation Violations

In many cases, a skilled probation defense lawyer can achieve a favorable result for the defendant by pursuing a number of different strategies, including:

• Obtaining letters of support from employers and others in the community
• Obtaining medical reports
• Contacting the probation officer immediately
• Enrolling in college or a GED preparatory class
• Undergoing a psychological or drug related evaluation
• Paying outstanding fines or restitution
• Completing any outstanding community service or physical labor (CalTrans)
• Enrolling in a voluntary community service program
• Securing employment immediately
• Enrolling in a driver’s improvement course, shoplifter’s awareness program, or anger management class
• Contacting the prosecutor assigned to the case prior to the probation violation
• Relocating the residence to avoid contact with persons who might have encouraged or contributed to the violation.

Avoid Probation Violations

Rodriguez, Lewis & Kahn have successfully defended many California defendants charged with probation violations from serious to non-serious. If you suspect that you violated your probation or have been charged with a probation violation, we may be able to minimize the penalties of your probation violation or avoid a probation violation altogether. Call us to discuss the facts of your case.

As your criminal defense attorneys, we want to be prepared for the first court date related to your probation violation. We do not want any surprises. The sooner we have all the facts, the more effective we can be in preparing and defending your probation violation.

Call us now for a free consultation to discuss your legal options.