Torrance Lawyer Explains The Law Of Probation Violations

Under California law,  a person’s probation may be revoked or terminated if the interests of justice require it and the court has reason to believe that the probationer has (1) violated any of the conditions of probation, (2) become abandoned to improper associates or a vicious life, or (3) subsequently committed other offenses, regardless of whether the probationer has been prosecuted for the offenses. See Penal Code §1203.2(a). In exercising its discretion to revoke probation, a Judge is not solely confined to the specific grounds set forth in Penal Code section §1203.2(a). Probation may be revoked if the probationer’s conduct demonstrates that the probationer is unfit to remain at large and that his or her continued liberty represents a threat to the health and safety of others.  If you or a loved one has been charged with a new crime and is currently on probation or has recieved notice of a pending probation violation you should call an attorney immediately.

Failure to pay restitution or a fine as a condition of probation may serve as a ground for revoking probation only when the court determines that the probationer has willfully failed to pay and has the ability to pay. Penal Code §1203.2(a) (restitution);  However, a probation term may be extended for failure to pay restitution regardless of whether the failure to pay was willful. In the experience of one Torrance Probation Violation Lawyer, the probation term may be extended up to but not beyond the maximum probation period allowed for the offense.

If a Judge has reason to believe that the probationer has committed a public offense, it may revoke probation even when the state does not prosecute the probationer, the charges are dismissed, or the probationer is acquitted of the offense following a trial on the merits. Penal Code section 1203.2(a);   A Criminal Court may not, in addition to revoking probation, punish conduct that amounts to a violation of a probation condition as a contempt of court under Pen C §166(a)(4).

About thetorranceattorney

Matthew Ruff is a Torrance criminal defense attorney located near the 405 freeway on Crenshaw Blvd. Focusing on DUI and serious criminal cases for over twenty years. In addition to criminal cases, Matthew also defends clients at the DMV.
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