Probation Violation

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.