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What Happens If I Violate the Terms of My California Probation?

Posted on in Criminal Defense

San Jose, CA probation violation lawyerBeing convicted of a crime can be a pretty scary situation. There are a few different punishments that you can receive for most crimes. The sentence you receive entirely depends on the crime itself, the actions that you took and the circumstances surrounding the crime. All crimes will have minimum punishment requirements, but the actual punishment you are sentenced with depends on what the judge determines is the most appropriate course of action. Probation can be a great option for many offenders, but it does come with certain stipulations that you are required to follow. If you break the terms of your probation, you could face even more consequences.

Probation Terms

According to the California Penal Code, probation is a type of sentence that can be imposed with or without incarceration in state prison or county jail. You can be granted probation for both misdemeanor convictions or felony convictions, but both types of probation are designed to help rehabilitate offenders, rather than punish them.

The California Penal Code describes the guidelines for the terms and conditions of the probation, though they are very wide. Common types of terms and conditions for California probation include:

  • Paying restitution;
  • Abstaining from alcohol and/or drug use;
  • Not driving with any detectable amount of alcohol in your system;
  • Installation of an ignition interlock device on your vehicle;
  • Requirement for you to allow police to search your person or property without a search warrant at any time;
  • Attending therapy;
  • Performing community service;
  • Requirement that you be employed; and
  • Requirement that you be electronically monitored.

Consequences for Probation Violation

If you violate the terms or conditions of your probation, you will have to attend a probation violation hearing. A probation violation hearing is similar to a criminal trial, but instead of a jury, you will appear before a judge only. At the end of your hearing, if you are found to have indeed violated the terms of your probation, the judge will determine the outcome. The judge typically takes one of three actions:

  • Reinstates your probation with the same terms and conditions;
  • Changes the terms and conditions of your probation to be more strict; or
  • Determines you are to serve your jail or prison sentence.
  • Contact a San Jose, CA Probation Violation Defense Lawyer

There are many different terms and conditions that your probation sentence may have. It is imperative that you not violate these terms and conditions or you could risk extending your probation period or even being put into jail. At the Jachimowicz Law Group, we understand how easy it is to violate your probation -- even if you did not violate the law. Contact our skilled San Jose, CA probation violation defense attorneys to help you prevent further consequences. Call our office at 408-246-5500 to schedule a free consultation.

Source:

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=2.&chapter=1.&article=

 

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