Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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And we do not handle any cases outside of California.
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Yes, it is possible to violate probation and not get sent to jail. Minor violations of probation, or “technical” violations, are not always punished with custody time.
Nor does the judge even have to revoke probation. Instead, the judge may reinstate the original terms of probation, or modify the terms to make them stricter.
Probation violations are the least likely to lead to jail time if:
However, even if all of these factors are present, the judge still has the discretion to revoke probation and send you to jail.1
A technical violation of probation is a relatively trivial infringement of the rules of supervised release.
When a judge sentences you to probation rather than to prison, the judge will set out the terms and conditions of that supervised release. These will depend on the underlying offense and your criminal record. Some common conditions of your probation can include:
Technical violations are minor, such as being 10 minutes late for a meeting with a probation officer or a required court appearance. Substantive violations are more serious, such as committing another crime.
A criminal defense attorney can present mitigating evidence and argue that the violation was only a technical one to potentially avoid a jail sentence and keep you on supervised release.
The severity of the underlying criminal offense can be a factor in whether the judge revokes probation after a violation.
Felony offenses lead to felony probation, while misdemeanor crimes lead to misdemeanor probation, often called summary probation. Because criminal cases that are felonies are more severe, felony probation tends to have a longer probation period and has stricter terms than a summary probation sentence.
Many judges take this into consideration when deciding how to penalize you if you have violated the terms of your probation. If you are on probation for a felony, they may see you as more of a risk to the public.
Yes, the penalties for an alleged probation violation will usually be decided at the probation violation hearing. This can also be known as a probation revocation hearing.2
Probation violation hearings are triggered when a judge or probation officer thinks that you have violated one of the terms of your release. A bench warrant may be issued for your arrest.
Once you are arrested, you will generally be held in custody. It is in the judge’s discretion to release you on bail before the revocation hearing is held.
At the revocation hearing, it is up to the prosecutor to show that you violated a term of your supervised release. Under California’s criminal law, the prosecutor has to show this by a preponderance of the evidence, though they can use hearsay evidence to prove their case.3
Once the judge has heard the prosecutor’s evidence that you violated the terms of your release, your criminal defense lawyer can present evidence that tells your side of the story. Common defenses to a claim of a probation violation include:
After hearing the evidence from both sides, the judge will make a ruling.
Judges at a probation violation hearing can:
Probation revocation is a common penalty if you are facing a new charge. If the judge finds that you violated probation but that the violation was a minor or a technical violation, the judge will be more likely merely to reinstate or modify the terms of the probation.
If the judge decides to revoke probation, the prison sentence would be from the same sentencing range that was suspended, before. The judge can impose up to the maximum sentence available.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.