When a judge sentences you to probation rather than jail time, he or she does so with the intent of offering you leniency and an opportunity at a second chance. For this reason, the courts take probation violations very seriously and dole out significant penalties for such an offense. According to FindLaw, penalties for violating your California probation include extended probation, heavy fines and/or jail time.
Once the judge or prosecutor finds out you violated probation, three things will happen. The first is that you will receive a warning or appeal to appear in court. If you receive a warning, it is likely because your probation officer decided that your violation was not severe enough to warrant a hearing. However, if the officer feels the nature of your violation was bad enough, it will involve the courts and request a penalty of some kind. Often, the penalty for a probation violation includes jail time.
If you receive a request to appear in court, the judge will examine the circumstances of your case to determine if you did, in fact, violate the terms and conditions of probation. The prosecuting attorney must prove, beyond a preponderance of evidence, that you defied court orders. If the judge makes a positive determination, he or she will then consider the type, nature and seriousness of the violation before doling out a penalty.
If the judge finds you guilty of a probation violation, the judge will likely do one of three things. Depending on how serious the judge feels the violation was, he or she may enforce additional probation terms, sentence you to a brief stint in jail or rescind your probation altogether and demand that you serve the remainder of your probation behind bars.
The content in this post is for educational purposes only. You should not use it as legal advice.