SIERRA LAW CENTER
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PROBATION VIOLATIONS
In California, the court may revoke and terminate probation if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probation officer or otherwise that the person has violated any of the conditions of his or her probation, has become abandoned to improper associates or a vicious life, or has subsequently committed other offenses, regardless whether he or she has been prosecuted for such offenses.

The court is not limited to the grounds set forth in the penal code. Probation can be revoked if the client’s conduct shows that they are unfit to remain on probation and that the client's continued liberty represents a threat to the health and safety of others.

A court can revoke probation even if the client is never charged with a new offense, if charges are later dismissed or the client is found not guily of the charges after trial.

Probation can not be revoked for failure of a person to make restitution pursuant to Section 1203.04 as a condition of probation unless the court determines that the defendant has willfully failed to pay and had or has the ability to pay.

However, failure to pay restitution or fines can serve as the basis for probation revocation. In order to serve as a basis for revoking probation, the court must determine of the client willfully failed to pay the restitution or fine. The court must also find that the client actually had the ability to pay the restitution or fines previously imposed.

As a general rule, probation can be extended for anyone who did not pay restitution even if the failure to pay was not wilful. Probation can only be extended to the maximum probation period allowed by the specific offense.

When probation revocation proceeding have been initiated, you have the right to be represented by an attorney, you have the right to confront and cross examine witnesses, you have a right against self-incrimination and you have the right to produce evidence for all charges against you. In probation revocation proceedings you do not have a right to a jury trial, but you do have a right to a bench trial, before a judge who, without a jury, will decide if you violated the terms and conditions of your probation.

If you have been found in violation of the terms or conditions of your probation the court must take some action. The court can reinstate you on probation under the same terms and conditions, with no further punishment. The court can also reinstate you on probation, but can modify the terms and conditions of probation in order to punish you or to assist in your rehabilitation while on probation.

The court can also impose a sentence if imposition of the sentence was previously suspended. The court can impose a prison sentence for any length of time up to the maximum time permitted by the offense.

If judgment had previously been imposed, but execution of the sentence was suspended, the court must either reinstate you on probation or must impose the previously suspended sentence. Except under limited circumstances, the court will not have any authority to reduce or modify the previously imposed sentence.
 
 
 
Office Address: 11260 Donner Pass Road, Unit C1-247 Truckee, California 96161 | 2850 Main Street, Unit 12-192 Susanville, California 96130
 
The information on this Sierra Law Center, APC & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
 

The Sierra Law Center is a full service litigation law firm that limits its practice to Northern California, Criminal Defense, Personal Injury, Domestic Violence Defense, Northern California Expungement, Restore Gun Rights California, Penal Code Section 273.5(a), Penal Code Section 273.5a, Penal Code Section 243(e)(1), Felony, Preliminary Hearing, Misdemeanor, Certificate of Rehabilitation, Traffic Tickets, Traffic Citations, Proposition 47 Petitions, Probation Violations, in Nevada County, Grass Valley, Nevada City, Truckee, Lassen County, Susanville, City of Susanville, Placer County, Roseville, Rocklin, Auburn, El Dorado County, Tahoe City, Yuba County, Marysville, Sutter County, Yuba City, Sacramento, Downieville, and Sierra County.