Probation is not a right but a privilege. A probation violation is an offense with various outcomes. The penalties are not only determined by the judge’s deposition but also, the circumstances of probation violation and the severity of the initial offense. There is, therefore, no specific consequence of probation violation.
In the worst-case scenario, probation violation could lead to probation revocation by a judge. This means serving jail time for the remainder of the sentence. The prison sentence will be deducted by the time served on probation. If new charges arise from your violation, you could face prosecution for the new charges, or they may be resolved as part of probation violation. It is important to contact an experienced attorney to represent you and defend you against prosecution.
Common reasons for revocation of probation include:
Failure to Pay Court Fees and Fines
A majority of the people placed on probation are required to pay fines. Failing to pay these fines may lead to a violation of the probation if the probationer has the ability to pay. However, if the probationer has a valid reason like disability or medical issues, for failing to pay, they need to request a probation modification from the court. Failure to report inability to pay is a bigger probation violation than failing to pay the fines.
Having a Positive Urine Test for Drugs or Alcohol
If the probationer has drug or alcohol abuse history or there is any suspicion of use, drug testing is among the conditions of probation. Your probation officer may ask you to submit to drug tests during any of the scheduled meetings with him. The aim of conducting drug tests is to help the probationer lead a sober lifestyle. Repeated positive tests and failure to attend counseling programs may result in revocation. If you obtain positive results from a drug test, contact a defense lawyer. An attorney has vast experience in similar cases and will see the best options to win the case.
Committing a New Offense
New criminal charges that result in criminal conviction during your probation period will mostly result in the judge revoking the initial probation. Not committing a new crime is among the major conditions of probation. Probation officers try to keep probationers out of trouble by knowing their whereabouts and constantly checking if everything is okay. If you are arrested while on probation, be sure to contact your probation officer and hire a lawyer.
Under the California Penal Code SC 1203.3, the sentencing court may modify, revoke or change the execution order if the probationer is found guilty of violating his probation. If you are facing probation violation allegations in California, you will definitely attend a violation hearing. In most cases, warrant for your arrest will be issued before the hearing.
Contact a skilled attorney to minimize chances of having your probation revoked. The attorney will help you understand the non-obvious ramifications in your case and show you the different possibilities your probation violation case may result in.