There are two types of probation in California. Summary probation is generally given for misdemeanor crimes. It is much less restrictive as it only requires you follow a few basic rules and stay out of further legal trouble. Formal probation is usually reserved for felony convictions, as it involves a more stringent set of rules, including making scheduled visits with a probation officer and regular drug and alcohol testing. Generally, probation lasts three years for both misdemeanors and felonies, but dui probation usually lasts five years.
Common Probation Violations and Penalties
Some of the most common probation violations include failing to make restitution to the crime victim, failing to meet with a probation officer, failing to fulfill community service sentences and associating with known criminals. You will almost always be required to attend a probation hearing if you have been arrested, even if the charges are dropped against you. Violating probation can result in your being sentenced to the maximum jail or prison term for the crime you committed. Misdemeanor violations can carry up to one year of jail and felonies can result in a prison sentence. In some cases, the judge may even make you serve out the sentence the original judge of your case stayed in place of your probation.
Fighting Probation Violation Accusations
If you are accused of violating your probation, you may be required to attend a hearing to determine if you will be subjected to further punishment. A Vista probation violation attorney like Peter M. Liss can help represent you at these types of hearings by helping to show your side of the story and asking the court to resist from instilling additional penalties.
Please call (760) 643-4050 if you have any questions about probation violations.
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