California Probation Violations

Defense for Probation Violation
Violating Probation in Los Angeles
Avoid Criminal Penalties for Probation Violations

Los Angeles Probation Violations Attorney
California Probation Defense Lawyer

Probation and the California Law
Probation occurs after a defendant has been convicted and is imposed as part of a defendant’s sentence. Probation is given after serving 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:

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 & Conditions 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. 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.

Either way, a defendant is in technical violation of his probation and can be punished.

• 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.

• Reinstate probation on the same terms and conditions
• Reinstate probation and impose new conditions
• Jail or 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

• Obtaining letters of support from employers and others in the community
• Obtaining medical reports
• Contacting the probation officer
• Enrolling in college or a GED preparatory class
• Undergoing a psychological or drug related evaluation
• Paying outstanding fines
• 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