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Thomas Swartz
Thomas Swartz, Lawyer
Category: Criminal Law
Satisfied Customers: 3023
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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what happens when one is on probation but breaks one of the

Resolved Question:

what happens when one is on probation but breaks one of the probation requirements? This is a first offense and there is a readiness hearing this week. The probation officer supplied the court with some invalid information so she is not a happy person when dealing with this issue. What are normally the consequences?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Thomas Swartz replied 8 years ago.
Hello chuckless1990,

When a defendant is accused of violating probation, usually a violation of probation hearing will take place. During this hearing the prosecutor will have to prove the violation by more than 50% of the evidence, as opposed to "beyond a reasonable doubt."

There are several factors that the Judge and Prosecutor use when considering a probation violation. They include:

  • The seriousness of the probation violation
  • The nature of the probation violation
  • The history of previous probation violations
  • New criminal activity surrounding the probation violation
  • Aggravating and mitigating circumstances of the probation violation
  • The probation officer and/or probation department’s view of the probation violation
  • The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term)

If the violation is proven, the penalty one faces will depend on the factors listed above. You may be facing an extension of probation, potential jail time, your probation may be revoked, you may face additional consequences such as additional community service, physical labor (through CalTrans) or you may be ordered to rehabilitation or other treatment programs.

Since this is a first probation violation, and if it is not too serious (no additional criminal activity), it is likely that the probation period will just be extended.

Thomas




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