Published on May 19th, 2014 | by Daniel R. Perlman0
California Probation Violation Hearings
Violations of the terms of probation
Because California’s probation system places emphasis on rehabilitation rather than incarceration, violations of the terms of probation are taken very seriously by the courts. The state has strong incentive to make the probation system work efficiently. A typical condition of probation is to obey all laws, so it is essential to complete any probation obligations that may include paying fines, performing community service, serving jail time, reporting to a probation officer for progress reports, or filing timely paperwork.
Violating any of these terms and conditions can result in serious penalties, including jail time. A probationer who is rearrested on even a minor charge may be subject to penalties for both the current arrest and the probation violation.
A violation of the conditions of your misdemeanor probation or felony probation may result in your arrest and being brought before a judge to attend a probation violation hearing, also known as a probation revocation hearing. You can also appear before the court to voluntarily answer questions about the probation violation.
Any arrest violates a condition of probation and makes you subject to having your probation revoked (taken away) and all or part of the original suspended jail or prison sentence re-imposed. Depending on the circumstances of your case, the judge at your probation violation hearing may decide to reinstate your probation on the same terms and conditions, change the terms of your probation to make them more stringent, or revoke your probation and impose time in jail.
The Probation Revocation Hearing
A probation revocation hearing happens in court, before a judge, but without a jury. Your attorney and prosecution both may present evidence to show the judge why you should or should not be subjected to whatever penalty the judge originally imposed. Though your attorney may be present at this hearing, the judge does not have to follow strict rules of evidence.
The legal standard in a probation revocation hearing is lower than the “beyond a reasonable doubt” standard used in criminal trials. Because of the lower standard, the prosecution will only have to prove by a preponderance of the evidence that the defendant violated a condition of probation. What this means is that it doesn’t take as much evidence, or that the evidence doesn’t have to be as compelling, to revoke probation as it does to prove guilt at trial. In essence, probation is a privilege that can be lost more easily than ones initial freedom. If you have been accused of violating your parole please call Los Angeles Criminal Lawyer Daniel Perlman.
Daniel R. Perlman
The Law Offices of Daniel R. Perlman