What is Probation?

Probation is a grant from a Court, where you are given a lesser sentence than the maximum, in exchange to complete several terms the Court is requiring you to do. These terms could be a partial jail term, community service, fines, or classes. There are also generally two kinds of Probation – Informal or Summary, or Formal Probation. Informal or Summary Probation is available for Misdemeanor cases, and it does not require any check-ins with any Probation Officer, it simply require you to not violate any law while on that form of Probation. Formal Probation is available for Felony cases, where you are note sentenced to State Prison. This Probation requires check-ins, sometimes searches, and additional restriction not available to people on Informal or Summary Probation. For more information regarding Probation, and how to Terminate Probation, click here.

What Terms can be violated?

Generally speaking, when you are given terms to complete for Probation, you are given a “gift” from a DA/Judge, allowing you to not have to serve the maximum sentence for your alleged offense in custody. Common terms that can be violated would be, for example, not paying your fines and fees. Court fees can sometimes be astronomical, and most are statutory, meaning you cannot negotiate them away as part of a Plea Bargain. Generally, DUI cases can range from upwards of $1900 to $3500 for a standard DUI offense, depending on numerous factors. However, these fines are generally paid over a period of the 3-5 years you are on Probation, meaning you are normally paying only $60-$65 per month towards your fines. If you change your card, or forget to make your payment, this can lead to a violation of Probation.

Another way you can violate Probation is by failing to complete things like Work Release, which is a type of Jail, where you generally perform Community Service or House Arrest instead of doing actual custody time. Failing to show up, or stay the full time, or not being at your home for House Arrest, can lead to a violation of your Probation. When you fail to complete this term, sometimes, you can receive more Work Release work, or a Judge could convert your Work Release into actual Custody Time.

Some charges also require mandatory classes that you cannot avoid doing as a term of your Probation. For example, a conviction for a violation of PC 273.5, you are required to do a 52-Week, Batterer’s Treatment Program. Any case involving Child Abuse under PC 273A, you are required to do a 52-Week Parenting Class. Also, for DUI cases, you are required to do a 3, 9 or 18 months DUI Program, depending on your circumstances. These types of classes are required, and cannot be taken off of your case if your case involves those charges. This list is also not exhaustive, as there are other charges that require these same classes, but these are the most common. You can find some of these local classes here: DUI Classes, Domestic Violence Classes, Anger Management Classes.

Finally, another common way to have your Probation Violated, is if you “violate the law”, meaning you pick up a new misdemeanor or felony criminal charge. In that circumstance, you could be charged with a Probation Violation for your current case, and also be charged with the new charge you were just arrested for. Judges generally take violations with new crimes even more seriously than other violations, and your sentence can become much steeper with this new law violation.

These only apply to you when you are on Probation. If you are off of Probation, and you, for example, violate a new Law, that would not be a Probation Violation but rather, only a new criminal offense. The reason for this, is the terms that you are given for Probation, are meant to be completed during that 3-5 year window given by the Court. Failing to complete those terms during your Probation, does not make them go away, you can still be violated if you do not complete your terms of Probation. For example, if you are required to complete classes, fail to do them, then do nothing for 10 years, you may not be on Probation anymore, but your Probation was likely already violated years ago when you did not complete your classes. This would mean you would have had a Warrant for your arrest for all these years for not completing your terms of Probation.

What if you have a reason for the violation?

Many times, your excuses will fall on deaf ears, depending on the Judge that handles your Probation Violation. Telling a Judge you screwed up, you forgot your days, or listing numerous excuses can only hurt your case. Unless you have a legitimate reason, such as a hospital visit, or death in your family, a Judge will be very strict on hearing your excuses. Also, keep in mind, if you have an issue that is legitimate, that legitimacy can die the longer you wait. If you cannot attend classes because you hurt your back, but wait 5 years to fix the Violation in Court, all to often, I see that person get remanded at Court. A legitimate excuse can become illegitimate with time, so acting fast is critical to avoid your violation getting worse. Speaking to an experienced attorney can help put your issues and problems in context, and legitimize your reasons to a Judge. Being able to properly articulate your reason, can be the difference between driving home, and calling a friend from jail later to get your car from the Court Parking lot.

PC 290 Differences

People who are convicted of certain Sex Crimes are required to register as Sex Offenders with their Local Police, within 5 days of moving to a new location, and every year on their birthday. Failing to do this, while on Probation, can not only lead to a violation of Probation, but also a new charge, for violating PC 290. This can mean, forgetting your registration requirement can lead to a new crime, and a violation of your Probation at the same time. If you are off of Probation, but still required to Register under PC 290, you would not get a Probation Violation, but would still be charged for a violation under PC 290.

What happens if I do violate Probation?

If you do end up violating your Probation, you could receive one of two options. First, you can have your Probation reinstated, allowing you to complete the terms you were already obligated to do without any additions or punishments added. A Judge could also add to your sentence, such as more jail time as I indicated above, or to even extend your Probation to a longer period based on your violation. You can also contest any violations of Probation with a Vickers Hearing, which is explained in more detail here.

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Violating probation can lead to severe consequences, including the potential for jail time and facing a judge disappointed with your failure to adhere to the terms of your plea bargain. Violations can occur in numerous ways, whether through missing appointments, failing to complete required programs, new criminal charges, or other breaches of the conditions set forth in your probation terms.

It’s crucial to address any issues with your probation proactively and without delay. The longer you wait to rectify a probation violation, the more complicated and severe the consequences can become. An experienced attorney can be instrumental in these situations, offering the necessary legal representation to navigate the complexities of the probation system, communicate your circumstances effectively, and advocate for an outcome that aims to reinstate or modify your probation terms rather than resort to incarceration.

At Inland Empire Defense, we understand the intricacies of probation violations and the importance of swift, effective legal action. We are committed to providing the support and representation needed to address the situation promptly and efficiently, aiming to keep you out of jail and get you back on track with your probation.

If you’re facing a probation violation or concerned about potential issues with your probation terms, don’t hesitate to seek professional legal assistance. Contact your local Ontario Criminal Defense Attorney at Inland Empire Defense by calling 909-939-7126. Located in Ontario, we are here to offer expert guidance and support, helping you navigate through this challenging situation and work towards a favorable resolution.