A probation violation can put your freedom and your future at risk. In California, when a person is accused of violating the terms of probation, the court may schedule a probation violation hearing, also known as a probation revocation hearing. Depending on the facts, the judge may decide to continue probation, modify it, or revoke it and impose additional consequences.
At the Law Office of H. Charles Gorian, we understand that probation violation allegations are often more complex than they first appear. In some cases, the real issue is whether a violation actually occurred. In others, the question is whether there is a lawful explanation, whether the violation was willful, or whether the court can be persuaded to continue probation rather than impose harsher consequences. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
What Is a Probation Violation Hearing?
California Penal Code section 1203.2 gives the court authority, during the period of supervision, to address alleged violations of probation. The statute applies to people released on probation under the care of a probation officer and also to people on conditional sentence or summary probation who are not under the care of a probation officer. If a probation officer, parole officer, or peace officer has probable cause to believe the supervised person violated a term or condition of supervision, the person may be rearrested and brought before the court, or the court may issue a warrant.
A probation violation hearing is the court proceeding in which the judge considers whether a violation occurred and what should happen next.
Formal vs. Informal Probation
Probation in California does not always look the same.
Misdemeanor probation is often called summary probation or informal probation. It is commonly supervised by the court rather than by a probation officer. Felony probation is more commonly formal probation, which typically involves supervision by a probation officer.
Because probation can take different forms, the exact terms and reporting requirements depend on the type of case and the court’s order.
Common Reasons for an Alleged Probation Violation
A person may be accused of violating probation for many reasons, including allegations such as:
- failing to appear in court
- failing to obey a court order
- failing to complete counseling, classes, or community service
- failing a required drug or alcohol test
- failing to report as required on formal probation
- being arrested for or accused of committing a new offense
- failing to pay required fines, fees, or restitution when ordered
These examples reflect common probation conditions rather than language listed exhaustively in the statute.
What Can the Judge Do?
Under Penal Code section 1203.2, if the court has reason to believe a person has violated a condition of probation and the interests of justice so require, the court may revoke, modify, or change probation. In practical terms, depending on the case, the court may:
- reinstate probation on the same terms
- reinstate probation with modified or stricter conditions
- revoke probation and impose sentence or other authorized consequences under the underlying case.
The possible outcome depends on the nature of the alleged violation, the person’s prior performance on probation, and the underlying offense.
Common Defenses at a Probation Violation Hearing
Every probation violation case depends on the facts. Possible defenses may include:
- no actual violation occurred
- the alleged violation was not willful
- the person substantially complied with probation
- there is a lawful explanation for the alleged noncompliance
- the new allegation is unsupported or disputed
- the court should continue probation rather than revoke it based on the circumstances
Because probation violation cases often turn on records, reporting history, payment history, test results, and witness accounts, a careful review of the evidence is important.
Speak with a Probation Violation Hearing Defense Attorney
If you have been accused of violating probation, do not go into court unprepared. A probation violation hearing can have serious consequences, but it may also present an opportunity to explain the circumstances and seek continuation of probation rather than harsher penalties.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today or fill out our form for a free and confidential consultation.