What is a Probation Violation?
There are a specific set of rules a California criminal defendant must follow when he/she is serving probation. If any of these conditions are violated within the probationary time frame, a probation violation occurs. This violation can result in the probation being revoked and the imposition of a sentence to jail-time. Click here to speak to San Diego DUI attorneys.
How is Probation Violated?
There are many ways to violate your probation. The most comment ways are:
- Failure to Pay – Failure to pay restitution to the victim can result in a probation violation (but failure to pay fines to the court may not result in a violation).
- Failure to Appear in San Diego DUI Court – when the defendant fails to appear in court for the required appearance
- Failure to Comply – when the defendant fails to complete the required programs ordered by the court such as public service or the first conviction program.
- Violation of Rules – when the defendant fails to adhere to any condition issued by the court, such as driving with a measurable blood alcohol content.
- Being Arrested – Being Arrested for another offense whether or not criminal charges are filed, when the defendant is arrested within the probationary time-frame, a probation violation can occur even if there is not proof beyond a reasonable doubt of the new offense.
- Committing Crimes – any new crimes committed by the defendant during the probationary period
- Possession of Illegal Substances – if the defendant is found in possession of illegal drugs, or legal drugs without a prescription, during the probation period.
Consequences to Probation Violations
If you violate your probation there are many consequences you can face. Here are some:
- Probation Revocation
- Jail time
- Public Service (trash collection)
- Community service hours
- Additional fines
It is always recommended to consult at San Diego DUI Lawyer when facing charges.
By Douglas Gilliland