Probation is a second chance – but it comes with serious scrutiny. Many innocent people have been accused of violating probation when the reality is much different. However, because you are on probation, law enforcement is likely to err on the side of the law, regardless of what happens to the accused.
Contact an experienced defense attorney immediately if you are accused, even implicitly, of violating your probation or parole.
San Diego Probation Violation Defense Attorney
Being placed on probation is a second chance. If you’ve been accused of violating your probation, you know how it feels to be ignored when you try to explain your situation. If you’ve been arrested for violating your probation, you need to contact your attorney immediately.
The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and of course San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Probation Violations in California
Violations of Probation
The court may revoke and terminate probation if the interests of justice so require. Probation might be revoked and terminated if the court has reason to believe from the probation officer’s report or other evidence that the person has violated any of the conditions of probation. (§ 1203.2(a)).
When the evidence shows that a defendant has not complied with the terms of probation, the order of probation may be revoked at any time during the probationary period.
In the context of section 1203.2, an admonition to a court to act in accordance with ‘the interests of justice’ serves merely to invoke the sound discretion of the trial court. If the trial court revokes and terminates probation in a case where the judgment was pronounced and its execution suspended, “the court may revoke the suspension and order that the judgment shall be in full force and effect.” (§ 1203.2(c)).
This provision gives the court wide discretion, on revocation and termination of probation, to either:
- revoke the suspension of sentence and commit the probationer to prison for the term prescribed in the suspended sentence; or
- to decline to revoke the suspension or to order confinement.
The trial court thus retains discretion, even after finding cause to revoke and terminate probation, to reinstate probation. In other words, the court has the power, upon finding cause to revoke and terminate probation, to reinstate and continue a defendant on probation.
Types of Probation
Misdemeanor (Summary/Informal) Probation
According to Penal Code 1203, a “conditional sentence” entails that the sentenced can be executed without the supervision of a probational officer. In other words, in some misdemeanor probation cases, a probational officer is not required. However, under California law, there are specific cases in which certain probational conditions are mandatory. For instance, in crimes related to domestic or intimate partner violence, completing a batterer’s program is enforced.
Common consequences of misdemeanor probations:
- having to pay a fine
- participate in therapy
- perform community service
- attend substance abuse treatment programs (cases involving DUI or drug-related crimes)
- restraining orders
- required to obtain stable employment
Felony (Formal) Probation
Felony probation, also known as “formal” probation, requires a probation officer, and the main goal is to rehabilitate a person without jail or prison time. Felony cases are not the only cases in which felony probation is imposed. For instance, in San Diego County, California, a person who is convicted of a misdemeanor DUI can be given felony probation.
Differences Between Misdemeanor & Felony Probation
- Misdemeanor probation does not require a probation officer
- Felony probation can last from three (3) to five (5) years
- A misdemeanor probation violation can require one (1) to five (5) years in jail or prison depending on various factors (e.g., prior convictions, crime, any prior violations, etc.)
- In felony probation cases that require programs, it is at the expense of the probationer
- Felony probation requires that the probationer reports to the Probation Office within a time frame that is ordered by the court
Common Violations of Probation
- Failure to appear in court
- Failure to pay a fine
- Not reporting to your probation officer
- Committing a crime while on probation
- Failing a drug test – In some cases, the judge might find it necessary that the probational agreement includes drug-related requirements. In other words, failing to submit a drug test or not passing a drug test can be deemed a violation.
- Not attending or completing mandated programs
- Violating a restraining order
The Consequences of Violating Probation
- Modifications to probation agreement (based on the judge’s discretion)
- Extend your probation
- Community Service
- Substance Abuse Treatment Programs
- Anger Management
- Counseling
- Revoke your probation
- Impose original sentence
- Impose maximum sentence allowed by the law
- Not being eligible to obtain an expungement of criminal records
If the court has reason to believe that a person has violated any conditions of their probation, it might revoke or terminate the persons’ probation. (§ 1203.2(a)). By extension, the judge could sentence you to the original sentence or impose a maximum sentence in jail or prison.
Additional Resources
San Diego County Probation – The current director and chief probation officer in San Diego County, CA, is Tamika Nelson. She heads up the San Diego County Probation Agency. The court gives this agency the task of direct supervision for more than 15,500 adults and 2,500 juvenile offenders each year. The agency also oversees the operation of the juvenile facilities in San Diego County. Each year, approximately 350 probation officers supervise low and moderate-risk probationers and prepare sentencing reports for the courts, recommending appropriate sanctions including incarceration, counseling, or a combination of treatment services.
Hire a Lawyer for Violations of Probation in San Diego, CA
The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, and of course San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.