Probation is when the court allows you to stay out of prison after committing a crime if you behave and refrain from committing another crime. We all understand this simple meaning of probation. It is an expression of leniency by the State. Probation is almost always a preferable alternative to jail or prison time. However, there are consequences of violating probation.
Judges have substantial discretion in deciding the penalty when someone violates probation. The court will consider the following issues:
- Is the violation the probationer’s first?
- Was the probationer likely to complete the terms of probation on time but for this violation?
- Was the violation minor or technical?
- Was the underlying offense a low-level felony?
*Probation may be revoked.
This is the least desirable consequence of violating probation since it revokes probation and results in the imposition of the original sentence. This may result in fines, jail time, or prison time. You will be required to serve the remainder of your suspended sentence as jail or prison time instead of supervised release. If the sentence was not suspended, you may be sentenced up to the maximum for the underlying offense.
California courts typically revoke probation for serious violations such as the commission of a new crime. If this event occurs, it will violate a term of your probation, which will result in a violation hearing. In addition to being sent to jail for the probation violation, you will be subject to criminal charges for the new offense.
*The terms of probation may be modified.
A modification of probation will result in new stricter terms of probation. Although a modification of probation is preferable to revocation of probation, the new modified terms may make it difficult for you to comply. The Dolan Law Offices can help you ensure that any modification of probation results in the best terms possible and that they are reasonable terms with which you can comply.
*Probation may be reinstated under its original terms.
This is the most desirable result when violating probation. The judge will issue a stern warning and reinstate the probation to the term of supervised release under the same terms and conditions. However, if probation is reinstated and then another violation occurs in the future, this prior violation of probation will most likely negatively affect that punishment.
*The court may order Intensive Probation.
This similar is to house arrest as it orders the defendant to stay at home when not working. If you are under Intensive Probation, you must contact your probation officer for approval before leaving your residence.
John Patrick Dolan is a California State Bar Certified Specialist in Criminal Law, the highest achievement awarded by the State Bar of California to attorneys in the field of criminal law. The advice, guidance, and representation of experienced criminal defense counsel may be crucial to achieving the best possible result in any criminal matter. John Patrick Dolan has forty years of criminal defense experience. Contact Dolan Law Offices today at 760-775-3739 or 562-824-4007 to discuss your situation or find out more online here.
