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Probation Violation Consequences in California

Posted on December 28, 2021 by leichtlawstage

Summary probation typically lasts up to one year in California (though it can last longer if the specific crime statute calls for it). During that time, the defendant must comply with certain conditions, such as obeying all laws, going to counseling if ordered, paying restitution, or performing community service.

 In 2021, California’s new probation law reduced the maximum length of probation possible for most misdemeanors to 1 year, and the maximum length of probation for some felonies to 2 years. While the length of probation time has been reduced, California remains hard and fast in its enforcement of probation rules. Those flaunting them risk serious penalties.

The General Rule

If you violate any of the conditions or terms of your parole, you risk revocation of parole, meaning you could be reincarcerated. If you break a law while violating your parole, you will face a parole board hearing and additional criminal charges.

Parole Hearings

A parole violation hearing is a legal proceeding that parolees attend to determine whether they are in violation of their parole in California. The hearing is sometimes referred to as a parole revocation hearing and many hearings end up doing just that. During a revocation hearing, a commissioner or parole board decides:  

  • probable cause for violation
  • whether revocation is appropriate to the offense

If grounds for revocation are determined, the parolee can be sent back to prison for a term not to exceed 1 year.

What infractions result in parole revocation?

  • Failing to register as a sex offender under Penal Code Section 290
  • Failing to register as a drug offender
  • Failing to register as an arsonist under Penal Code Section 451 PC  

Why you need an attorney

The Board of Parole Hearings (BPH) can set a parole revocation hearing, and even revoke parole for a parolee who is accused of committing another crime, whether a criminal conviction is sustained or not. Probable cause also plays a role in revocation decisions, which do not adhere to the legal concept of “reasonable doubt.”

Have you been charged with probation violations? The Law Offices of David Leicht can help you avoid going back to jail! We are here to defend your rights, your freedom and your future. If you live in Barstow, San Bernardino County, or Mojave, call us now @ for a free case evaluation.  

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