Probation Violations | California PC 1203.2

Most states in America have prison and jail populations that are simply out of hand, and this is no different in California. Due to the potential for ballooning incarceration rates, each state has a system which will allow certain individuals to be placed on probation rather than going to jail. This means that a person can have a sentence of jail time, or other potential consequences, which can be served on probation rather than behind bars. If a person is accused of violating that probation, however, they can face serious consequences.

What is Probation Violation?

As mentioned, probation is used as an alternative to more severe criminal punishments. When a person is released on probation, they face certain conditions that must be met if they want to remain on probation rather than going to jail. This can include staying away from certain people, not partaking in any drugs and not being rearrested for a new crime.

Sadly for many, if a peace officer, parole officer or probation officer has enough probable cause to believe that an individual has violated their probation, they can have that person rearrested. Just about any violation can lead to a rearrest, but it’s important to note that probation supervision cannot be revoked simply for an inability to pay restitution that was a condition of probation. However, if the court believes that an individual has the ability to make these payments and simply has not, their probation can be revoked.

Bail Amounts for Probation Violation

Probation violations bail amounts can vary greatly by situation and locale. These amounts vary by locale simply because California allows each individual county to set forth their own bail amounts. In Los Angeles County, for instance, a person will face a $10,000 bail amount for violating the terms of their probation. In Orange County, however, this amount jumps up to $15,000 for misdemeanors.

These figures, as mentioned, may also change within a specific county. A person on felony probation in Orange County, for instance, will not be granted any bail. In Sacramento County, on the other hand, an individual rearrested for violating felony probation will face a $20,000 bail amount. A violation of misdemeanor probation in the same county, however, will only result in a $10,000 bail amount.

These amounts of cash can be excessively difficult for an individual to come up with, and this is especially true if they’ve been consistently paying probation fees. Some California bond agencies, such as Bail Hotline, provide discounts and payment plans which can make it much easier for a person to secure their own release.

Punishments for Probation Violations

Probation is more of a privilege than a right, and because of this—if the court sees fit—it can terminate a person’s probation. Since probation is used in lieu of a potential punishment, its termination can lead to the initial penalties going into effect. In fact, a judge can sentence a person to the longest period of time that their initial crime could have led to. This means that a person who violates their probation may end up spending a longer time in jail than they otherwise would have.

Probation violations are taken seriously in California. Probation is seen as a second chance to keep to the straight and narrow, and when courts believe that this second chance has been squandered, they often punish individuals in the severest way possible. This is why anyone facing an accusation of probation violation should immediately contact legal help and start building their defense.

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