According to California Penal Code section 1203.3, if a violation of probation occurs and a defendant is deemed guilty of doing so, the court has the authority to alter its order as well as the execution of the sentence that was received prior. The judge will take into consideration a variety of factors including prior criminal history, seriousness of the violation of probation and the defendant’s history of previous violations in order to take action to further consequences. The most common probation violations in California are as follows:
- Failure to report to probation officer
- Chosen failure to pay fines associated with the crime itself
- Committing a new, unattached crime
- Not participating in drug test (or failing) if test was probation requirment
For the types of probation violations listed above, there are 7 consequences that can occur after probation violation, including:
Consequence 1: Original sentence may be imposed again after initial probation violation by the judge. A revocation and jail time implementation can occur if probation is violated.
Consequence 2: Judge may impose maximum sentence allowed by California law and revoke probation altogether.
Consequence 3: Judge may prolong the initial probation time duration and reinstate further consequences.
Consequence 4: Judge may order defendant to seek counseling for a variety of different reasons, including anger management, etc.
Consequence 5: Judge may add on more probation terms in addition to original probation terms.
Consequence 6: Community service can be ordered by a judge in order to assist CALTRANS (roadwork cleanup) or local charity facilities.
Consequence 7: Substance abuse programs if a defendant is found in possession of alcohol or drugs.
There are several circumstances included in probation violations in California. These factors may include a requirement that the defendant maintain their employment, a mandatory restitution fine, requirement that defendant refrains from any and all drug and alcohol participation, requirement that defendant participates in public work construction projects (i.e. CALTRANS) and for specific sex crimes, a mandatory electronic monitoring device.
A defendant has the same rights as a defendant in criminal jury trails. Each defendant has the right to testify on their own behalf (pro se), be represented by counsel, right to disclosure of evidence used against defendant, right to call on witnesses as well as subpoena and the right to disclose any extenuating situation that has been in contribution to the probation violation.
For all the listed reasons, it is important to have great attorneys on your side. The Law Offices of Kerry L. Armstrong come equipped with the best lawyers in order to represent and defend the accused on all probation violation crime convictions. The talent of the lawyers is apparent due to the sensitive nature of these cases and the special attention each defendant receives throughout this tedious process.