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Los Angeles Probation Violation Lawyer

Probation may be revoked on one or more of the grounds set out in Penal Code §1203.2(a):

  • A violation of the conditions of supervision, e.g., failure to pay a fine, obey a stay-away order, or attend court-ordered counseling;
  • Associating with known criminals;
  • Committing new crimes.

When you are brought to court on a probation violation, the court decides whether there is probable cause to support revocation, usually on the basis of the probation report or an arrest report. If the supervised person is present, and the court finds probable cause to support revocation, then the court revokes probation and sets a date for a revocation hearing. Pen C §1272(3) There is a good chance the court will remand you into custody without bail, pending a formal hearing on the alleged violation. However, your attorney can argue for your release on your own recognizance (your promise to appear, without posting bail) or the setting of a reasonable amount of bail.

 Rather than insist on a formal hearing, your attorney can try and negotiate with the court for something other than jail or prison time. This will depend on your current charge, your criminal history, and how you have performed on probation. If an agreement can not be reached with the court, then the probation violation is set for a formal hearing. Most probation violations are settled without a formal hearing. You should consult with an attorney, if you are on probation, and face revocation. At a minimum, your attorney should gauge what sanction the court will impose if you admit to a probation violation. This saves the court the time to hold a formal hearing. If the court is inclined to impose the high term jail or prison term, then you may consider requesting a formal hearing. You should know, unlike an open case, where you have a right to a jury trial in a probation violation hearing the only one deciding your case is the judge. The evidence must be beyond a reasonable doubt in a jury trial. The level of proof is much less in a probation violation hearing (a preponderance of the evidence that the terms of supervision have been violated).

 This office has successfully won formal probation violation hearings. We have also negotiated terms with the court that are less than jail and prison.

Contact us today for a free evaluation of your case.