Probation violations can lead to arrest jail time and fines, call us today to discuss your options
           Probation Violation Defense Lawyer






California Law on probation violations is complex, if you or a loved one has
been placed on probation and are facing a violation including potential jail time,
a Lawyer can help explain your options.  The Penal Code codifies the pertinent
law, below is a excerpt of a relevant portion:

At any time during the probationary period of a person released on probation under
the care of a probation officer pursuant to this chapter, or of a person released on
conditional sentence or summary probation not under the care of a probation officer,
if any probation officer or peace officer has probable cause to believe that the
probationer is violating any term or condition of his or her probation or conditional
sentence, the officer may, without warrant or other process and at any time until the
final disposition of the case, rearrest the person and bring him or her before the
court or the court may, in its discretion, issue a warrant for his or her rearrest. Upon
such rearrest, or upon the issuance of a warrant for rearrest the court may revoke
and terminate such 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. However, probation shall 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 has the ability to
pay. Restitution shall be consistent with a person's ability to pay. The revocation,
summary or otherwise, shall serve to toll the running of the probationary period.
(b)  Upon its own motion or upon the petition of the probationer, probation officer or
the district attorney of the county in which the probationer is supervised, the court
may modify, revoke, or terminate the probation of the probationer pursuant to this
subdivision. The court shall give notice of its motion, and the probation officer or the
district attorney shall give notice of his or her petition to the probationer, his or her
attorney of record, and the district attorney or the probation officer, as the case may
be. The probationer shall give notice of his or her petition to the probation officer
and notice of any motion or petition shall be given to the district attorney in all cases.
The court shall refer its motion or the petition to the probation officer. After the
receipt of a written report from the probation officer, the court shall read and
consider the report and either its motion or the petition and may modify, revoke, or
terminate the probation of the probationer upon the grounds set forth in subdivision
(a) if the interests of justice so require.
The notice required by this subdivision may be given to the probationer upon his or
her first court appearance in the proceeding. Upon the agreement by the probationer
in writing to the specific terms of a modification or termination of a specific term of
probation, any requirement that the probationer make a personal appearance in court
for the purpose of a modification or termination shall be waived. Prior to the
modification or termination and waiver of appearance, the probationer shall be
informed of his or her right to consult with counsel, and if indigent the right to
secure court appointed counsel. If the probationer waives his or her right to counsel
a written waiver shall be required. If probationer consults with counsel and
thereafter agrees to a modification or termination of the term of probation and waiver
of personal appearance, the agreement shall be signed by counsel showing approval
for the modification or termination and waiver.
(c)  Upon any revocation and termination of probation the court may, if the sentence
has been suspended, pronounce judgment for any time within the longest period for
which the person might have been sentenced. However, if the judgment has been
pronounced and the execution thereof has been suspended, the court may revoke the
suspension and order that the judgment shall be in full force and effect. In either
case, the person shall be delivered over to the proper officer to serve his or her
sentence, less any credits herein provided for.
(d)  In any case of revocation and termination of probation, including, but not limited
to, cases in which the judgment has been pronounced and the execution thereof has
been suspended, upon the revocation and termination, the court may, in lieu of any
other sentence, commit the person to the Department of the Youth Authority if he or
she is otherwise eligible for such commitment.

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BURBANK CRIMINAL DEFENSE
Local Law Office
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Burbank California 91505
Toll Free 1-877-617-4485
Local Probation Violation Defense Attorneys in Burbank California