What to Do After a California Probation Violation
Your criminal defense attorney’s goal will always be to get you acquitted or have your charge dismissed, but these goals are not always viable. In cases where the evidence against you is overpowering, a conviction may be inescapable. However, this does not mean all hope is lost. Your lawyer may still be able to negotiate a plea that includes a term of probation.
Although probation may keep you out of jail, violating or neglecting to meet the terms of your California probation may come with severe consequences. If you or someone you know has violated the terms of their California probation, now is the time to seek legal counsel. At Aron Law Firm, we protect the rights of Californians accused of violating their probation by offering the thoughtful, intelligent representation they need to defend their cases effectively.
Consequences You Could Face for Violating California PC 1203.3
Probation is a form of court-ordered supervision in California, used as an alternative, or in addition, to time spent in jail or prison. Typically, terms of probation are one year for misdemeanor crimes and two years for felony offenses. However, in DUI cases, three years is typical for misdemeanors and five years for felonies. During this time, individuals are required to satisfy specific terms and conditions.
Even first-time probation violations in California may result in serious penalties as it is an offense under California PC 1203.3. The consequences you could face for violating California PC 1203.3 will depend on various factors, including the severity of your violation. As punishment, the judge could order you to:
- Complete substance abuse treatment
- Go through counseling for issues such as anger management
- Fulfill community service hours
- Stricter probation conditions
- A lengthier probation term
- Serve the remainder of your sentence behind bars
Many times, the court will consider how much time was left in your probation term at the time of your California PC 1203.3 violation. Offenses that occur toward the beginning of a probation sentence are usually penalized differently than those that occur closer to the end.
Defend a California Probation Violation With an Experienced Criminal Defense Attorney
People in California often break their probation terms and conditions by failing to:
- Finish a mandatory class
- Complete an ordered activity or program in time
- Attend all meetings with a probation officer
- Driving with a suspended license
- Violating a traffic law
- Getting arrested for another crime
The judge will determine your sentence after your probation revocation hearing. In these types of hearings, you will not be put before a jury. The burden of proof is also lesser in hearings than in trials. Therefore, rather than needing to prove your guilt beyond a reasonable doubt, the prosecutor only has to show that it is more likely that you are guilty than innocent.
During your probation revocation hearing, you have the right to defend your case with the guidance of a Santa Barbara criminal defense attorney. Your lawyer may provide the court with evidence of your innocence or even call upon witnesses to defend your rights.
Were You Accused of Violating the Terms of Your California Probation?
If you have been accused of violating the terms of your California probation, retain competent legal counsel right away. The sooner you partner with Aron Law Firm, the sooner your probation violation attorney may begin building a robust strategy to defend your case.
When your freedom and lifestyle are on the line, choosing the right attorney is crucial. You deserve legal representation from a top-rated California attorney you can trust to put you first. Call our office today at (805) 618-1768 or submit a completed, confidential contact form to learn more about how Aron Law Firm may fight for you.
EXPERTLY REVIEWED BY
William M. Aron
May 19, 2023
Former Deputy District Attorney William Aron received his Juris Doctorate from the Duke School of Law and has amassed 20 years of experience practicing law. Attorney Aron dedicates his practice to defending the accused, and is devoted to keeping his clients out of prison.