San Diego Criminal Defense Lawyer
PROBATION VIOLATION
According to California Penal Code section 1203.3, if a violation of probation occurs and a defendant is deemed guilty of doing so, the court has the authority to alter its order as well as the execution of the sentence that was received prior.
The judge will take into consideration a variety of factors including prior criminal history, the seriousness of the violation of probation and the defendant’s history of previous violations in order to take action to further consequences. The most common probation violations in California are as follows:
- Failure to report to the probation officer
- Chosen failure to pay fines associated with the crime itself
- Committing a new, unattached crime
- Not participating in a drug test (or failing) if the test was probation requirement
Consequences for Probation Violation
For the types of probation violations listed above, there are 7 consequences that can occur after a probation violation, including:
Consequence 1
Original sentence may be imposed again after initial probation violation by the judge. A revocation and jail time implementation can occur if probation is violated.
Consequence 2
Judge may impose maximum sentence allowed by California law and revoke probation altogether.
Consequence 3
Judge may prolong the initial probation time duration and reinstate further consequences.
Consequence 4
Judge may order the defendant to seek counseling for a variety of different reasons, including anger management, etc.
Consequence 5
Judge may add on more probation terms in addition to original probation terms.
Consequence 6
Community service can be ordered by a judge in order to assist CALTRANS (roadwork cleanup) or local charity facilities.
Consequence 7
Substance abuse programs if a defendant is found in possession of alcohol or drugs.
There are several circumstances included in probation violations in California. These factors may include a requirement that the defendant maintains their employment, a mandatory restitution fine, requirement that defendant refrains from any and all drug and alcohol participation, requirement that defendant participates in public work construction projects (i.e. CALTRANS) and for specific sex crimes, a mandatory electronic monitoring device.
Defendant's Rights
A defendant has the same rights as a defendant in criminal jury trials. Each defendant has the right to testify on their own behalf (pro se), be represented by counsel, right to disclosure of evidence used against the defendant, right to call on witnesses as well as subpoena and the right to disclose any extenuating situation that has been in contribution to the probation violation.