What happens if I get my probation revoked?
What happens if I get my probation revoked?
Probation Revocation 1 Failing to comply with a condition of probation can land you in jail. 2 The Probation Revocation Hearing. A probation revocation hearing happens in court, without a jury. 3 Bargaining Over a Revocation. 4 Talk to a Lawyer
When does a probation revocation hearing take place?
If the defendant violated probation by breaking a law, the probation revocation hearing will probably take place after the new offense has been disposed of.
Can a probation violation be retroactive in California?
California Penal Code section 1203.3 gives the court the discretion to revoke, modify or terminate your probation only while it is active. If the violation occurred during your probation period, but is not discovered until after your probation has ended, the violation cannot be retroactively charged.
Do you have to go to jail for violation of probation?
Because there is no entitlement to bond in most cases you will have to remain in jail until your violation of probation hearing. The amount of time between the arrest and the hearing varies in different jurisdictions.
What happens after the probation period is revoked?
The period can be, depending on the charges, one to five years. Prosecutors, judges and defense attorneys are often confused by what happens after probation is revoked.
What happens when the judge revokes Peter’s probation?
After the first time and second time, the judge at the revocation hearing gives Peter a break and modifies his terms to make it stricter. However, when that does not work, the judge revokes Peter’s probation and executes the initial sentence. Peter must go to prison for three years.
California Penal Code section 1203.3 gives the court the discretion to revoke, modify or terminate your probation only while it is active. If the violation occurred during your probation period, but is not discovered until after your probation has ended, the violation cannot be retroactively charged.
What happens at a probation violation hearing in California?
You can request a Probation Violation Hearing. If requested, this hearing requires the prosecution to provide evidence to prove that you, in fact, violated a term or condition of your probation. This hearing takes place and is decided by the JUDGE ONLY. This hearing does not take place before a jury and is not a trial.