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Probation Violation Defense
If you were convicted of a crime and had 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 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 Los Angeles district attorney, or 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 Burbank City 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.  A Probation
Violation can cause severe penalties, discussing the case with a
lawyer is always your best option.

In California, the notice required by the law 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
(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.

Probation violations in Burbank are handled much the way they
are in other Los Angeles Superior Courts, a hearing can be
requested to present defenses and explanations for the acts
alleged.  If you want to learn more about probation violation laws
in California go to
Attorney Matthew Ruff on Google Plus to read
his posts about the codes and violations regarding people on

Call Matthew for a Complimentary Consultation
Toll Free at 1-877-617-4485
Matthew J. Ruff, Esq.
Attorney Matthew Ruff