Probation Violation

What is a Probation Violation?

San Diego Probation Attorney

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 read about our 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. Our homepage has current information on basic first steps you should take when facing a DUI.

By Douglas Gilliland