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.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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After a violation of felony probation in California, there are 3 things that can happen. The judge can:
California judges at the probation violation hearing are generally given a lot of discretion in how to react to a proven violation.1 However, the following factors can make it more likely that the judge will merely reinstate or modify probation, rather than revoke it:
If at least one of these factors is in play, the probation violation may not lead to a jail sentence. However, violations of felony probation, rather than misdemeanor or informal probation, are taken far more seriously by California’s criminal justice system.
If the judge decides to reinstate probation, then you will likely be released from custody. You will return to your term of supervised release under the same rules as before. The judge may warn you not to break the rules, again.
This is the best outcome for you if you have been accused of violating probation, other than proving that there was no violation, at all. However, if probation is reinstated and then you break one of its rules, later on, the prior violation will be used against you.
California judges are most likely to reinstate probation if:
Example: Clark is on felony probation for manufacturing a controlled substance. He is 15 minutes late for his meeting with his probation officer.
If the judge modifies probation, then you will be released back to community supervision. This time, though, the rules of your probation will be stricter than before.
While securing a modification to probation is better than having probation revoked completely, the details of the modification matter, a lot. In some cases, the new terms of release are so stringent that they will be very difficult to comply with for very long.
A skilled California criminal defense attorney can help you secure the best possible terms for your supervised release.
If the judge revokes probation, then you will be sent to California State Prison. You will have to spend the remainder of your suspended sentence as jail time, rather than out on supervised release. If the sentence was not suspended, then you can face up to the maximum sentence for the underlying offense.
Probation revocations are common when the violation was a serious one. If you committed a new crime, the offense will violate a term of your probation and lead to a violation hearing. Not only will you likely be sent to jail for violating probation, you will also face criminal charges for the new offense.
Example: Clark was convicted of manufacturing drugs and put on probation. His sentence of three years in prison was suspended. 1 year later, he gets arrested, charged, and convicted for driving under the influence (DUI) after he failed a drug test on the road. In addition to the DUI offense, Clark’s probation for his drug manufacturing offense will also likely be revoked and he will be sent to prison for the remaining 2 years of his sentence.
A revocation is the worst outcome that can happen in a probation violation hearing. California criminal defense lawyers do all that they can to avoid this outcome.
If no violation is proven, then you will be released from custody and will return to your period of supervised release. This is just like a reinstatement of probation, except for 2 things:
Proving that there was no violation is the best outcome possible at a California probation violation hearing.
If a California judge or probation officer believes that a term or condition of felony probation has been violated, a bench warrant will be issued. You will be arrested and held in county jail. A probation violation hearing, also known as a revocation hearing, will be scheduled.
Between the arrest and the hearing, it is in the judge’s discretion to release you on bail.
At the hearing, the prosecutor has the burden of proof to show that you violated a term of your release. Prosecutors have to show this by a preponderance of the evidence.2 This is lower than the beyond a reasonable doubt standard needed for a conviction at trial.
Once the prosecutor has argued law enforcement’s case, the probation violation attorney will present evidence that:
The judge will then issue a ruling.
Probation is a form of supervised release. While you will not spend your sentence as prison time, you will still have to comply with the terms of your probation. These conditions of probation can be quite strict. The terms and the period of time on probation will depend on the criminal case and your criminal record.
Some of the most common violations in California are:
Failing to comply with any of these rules can amount to a violation of probation. If you have violated probation, you can face a probation revocation hearing and serve the rest of your prison sentence in California State Prison.
Not all violations are the same, though. If you violate probation by being late to a required court date, it will likely be treated as a technical violation. These are often sanctioned by reinstating or modifying probation. Committing another crime, though, will almost certainly lead to a revocation.
Formal probation, also called felony probation, is different from informal, or misdemeanor, probation in that violations of felony probation are more likely to lead to a revocation. Violations of misdemeanor probation are more likely to be punished with a modification or reinstatement of probation.
For more in-depth information, refer to these scholarly articles:
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.