Probation is a sentence ordered by a judge, usually instead of, but sometimes in addition to, serving time in jail. When the court places an individuals on probation they are given terms of probation that they are required to abide by.
The conditions of probation may include:
- jail time
- drug testing
- completing Cal Trans or Community Service
- reporting to a probation officer
- violating no new laws
In California, individuals may be placed on either formal or informal probation. During formal probation the defendant must meet with their probation officer on a regular basis. Individuals placed on informal probation are not required to meet with a probation officer. The period of probation is usually three years. Probation may sometimes last for 5 years or longer, especially if probation violations occur during the period of probation.
A motion to revoke an individual’s probation may be initiated by the probation officer, the district attorney or by the Court. If your probation officer accuses you of a probation violation, this is a serious matter. You may be facing going to jail to serve the balance of the incarceration period of your original sentence.
Once probation is revoked the district attorney is responsible for prosecuting the probation violation. The district attorney need only prove the violation of probation by a preponderance of the evidence. This is a much lower burden than “beyond a reasonable doubt” which is the standard for a criminal trial.
The consequences for violation probation are dependent on the severity of the violation. Possible consequences include:
- jail time or a state prison sentence
- mandatory labor services-Cal Trans
- making the terms of your probation stricter
- extending the period of probation
- mandatory counseling
If you have violated the terms of your probation or if you have been served with a probation violation warrant now is the time to start a strong defense for your hearing. Maltaise Cini an experienced Newport Beach criminal attorney, will examine all aspects of your probation violation and look for alternative sentence options. Call today at (949) 660-1389.