What is a Probation Violation Hearing

Typically, when you are convicted of a felony or misdemeanor crime, you would receive a probation period from one to five years. While on probation, you will be given terms and conditions that are required by the court to successfully complete probation. You would also be required to obey all laws. 

If you are arrested for a new crime while on probation, you may face serious consequences for violating your probation on a previous case, under California Penal Code 1203 PC. If the prosecution alleges that you are in violation of your probation, by not completing the terms and conditions of your probation or picking up a new case that would also violated the terms of your probation, you can be subject to arrest and taken before the court for a probation violation hearing.

At this hearing, the judge will determine if you have in fact violated the terms of your probation. If you are found to be in violation, there are a wide range of possibilities that you could be facing, which include a jail sentence.

At the hearing, the prosecution will need to prove that you violated your probation by a "preponderance of the evidence" standard. Which means that it was more likely than not, or over 50%. There can be mitigation as well as factors in aggravation that could determine what the sentence would be if you were found in violation. 

If you are facing this type of problem, you to hire an experienced probation violation attorney. Call us today at (714) 998-5900 for legal advice about your case.

Why Hire The Law Offices of Natalio Pereira

We have over 15 years of criminal defense experience. We have helped many people like you who have been arrested for violating their probation. Call us today at (800) 926-1852.