The Law Office of Barney B. Gibbs
  • Home
  • Firm Overview
  • Attorney Profile
  • Criminal Defense
  • DUI
  • FAQ
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
Call Us For A Free Consultation 888.594.0660

What to Expect at a Probation Violation Hearing in California

Criminal Defense Blog 2014 April What to Expect at a Probation Violation Hearing in California
Previous Post  |  Next Post

What to Expect at a Probation Violation Hearing in California

Posted By The Law Office of Barney B. Gibbs || 7-Apr-2014

If law enforcement believes that you violated the terms of your probation, you will have to attend a probation violation hearing before a judge. If you were arrested for violating the terms of your probation, you've probably asked the question, "what should I expect at my probation violation hearing?" At the hearing, the judge will do one of three things: reinstate your probation, change the terms of your probation, or revoke your probation and replace it with an alternative sentence, such as jail.

According to California Penal Code §1203, probation suspends the execution of a legal penalty (incarceration, etc.) and replaces it with supervision from a probation officer. A judge can impose probation in addition to or in place of a jail sentence.

Probation involves more than supervision, though; it is typically is accompanied by fines, public service, mandatory employment, and mandatory drug testing.

What will my probation violation hearing be like?

You have the right to legal representation at your hearing. Additionally, your defense attorney can call witnesses to testify for you. You also have the right to testify on your own behalf and to combat any evidence brought against you by the prosecution.

If you were unable to maintain the conditions of your probation because of "extenuating circumstances," your lawyer can help you show the judge that conditions outside of your control kept you from abiding by the terms of your probation.

Unlike a criminal trial, your probation violation hearing will not be subject to a jury. Instead, a judge will oversee the hearing and determine its outcome. Additionally, the prosecution does not need to demonstrate that you violated your probation "beyond a reasonable doubt." Probation violation hearings are not subject to the same rules of evidence as criminal trials.

In order to prove that you violated the terms of your probation, the prosecution only needs to demonstrate your guilt by a "preponderance of the evidence" – that you most likely violated your probation.

After the judge considers the facts and evidence presented by both sides of hearing, he / she will make a determination to modify, reinstate, or revoke your probation.

If you were arrested for a probation violation hearing, the legal team at The Law Office of Barney B. Gibbs encourages you to seek immediate legal help. The firm has more than three decades of legal experience helping people like you stand up for their rights and freedom in court. Contact us today if you need legal guidance regarding a probation violation hearing in Orange County, California.

Categories: Probation Violations

Share Post

Contact The Firm

No case is too big or too small. Tell us your story below.

Send My Information

Criminal Defense

How Can We Help You?

  • Assault & Battery
  • Bench Warrants
  • California Three Strikes Law
  • Domestic Violence
  • Drug Crimes
  • DUI
  • Expungements
  • FAQ
  • Hate Crimes
  • Juvenile Crimes
  • Motions
  • Motor Vehicle Offenses
  • Probation Violation
  • Sex Crimes
  • State Fraud Defense
  • Theft Crimes
  • Vandalism
  • Violent Crimes
  • Weapon Charges
  • White Collar Crimes
  • Writ of Habeas Corpus
The Law Office of Barney B. Gibbs

Call Today (888) 594-0660

The Law Office of Barney B. Gibbs - Anaheim Criminal Defense Attorney
505 Villa Real Drive, Suite 212, Anaheim, CA 92807 View Map
Main: (888) 594-0660
Additional Phone: (714) 838-9019
Website: http://www.gibbslawfirm.com/
© 2018 All Rights Reserved.
  • Criminal Defense
  • Site Map
  • Privacy Policy
  • Contact Us
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.