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What Are the Consequences of Violating Probation?

California Penal Code 1203 defines probation as a type of supervisory sentence that a judge may impose either instead of, or in addition to, incarceration in county jail or state prison.

Common violations of probation can include missing an appointment with your probation officer, missing a court hearing, failing to pay fines or restitution, not completing community service and more. Under California Penal Code section 1203.3, the court has the authority to revoke, modify, or change its order of suspension or execution of your sentence if you are found guilty of violating your probation. The possible consequences include the following:

  1. The judge may revoke probation and impose original sentence
  2. The judge may revoke probation and impose maximum sentence allowed by law
  3. The judge may extend probation term length
  4. The judge may order counseling (anger management, substance abuse, etc.)
  5. Community service

Even if you violate your probation and the judge intends to revoke it, a determined and experienced California criminal defense attorney can help persuade the judge to modify your probation instead. The Nieves Law Firm understands that sometimes the restrictions placed on those dealing with probation can be burdensome. For example, we can ask the judge to consider the individual’s prior criminal history and his/her ties to the community and the nature of the violation. Contact us today for a free consultation at (510)-588-8580. We will be able to give you more information on your options for a better ending outcome.

Author Bio

Jo-Anna Nieves is the Founder and Managing Attorney of The Nieves Law Firm, an Oakland criminal defense law firm she created in 2012. With more than 11 years of experience in criminal defense, she has zealously represented clients in a wide range of legal matters, including DUIs, domestic violence, expungement, federal crimes, juvenile law, motions to vacate, sex crimes, violent crimes, and other criminal charges.

Jo-Anna received her Juris Doctor from the Florida State University College of Law and is a member of the State Bar of California. She has received numerous accolades for her work, including being named a Super Lawyer Rising Star the past 8 years, the #12 Fastest Growing Law Firm in the U.S. by Law Firm 500 in 2019, and one of the fastest growing companies in the U.S. by Inc 5000 in 2023.

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