Probation Violations in San Diego County
Vista Criminal Defense Lawyer
There are many grounds for violating a person's probation, the most
common being the commission of a new criminal offense.
If the person has already posted bail on the new offense, but is still
on probation for a prior offense, especially if the probation is on a
prior felony, most judges will remand the person to custody with no bail
at the first court appearance on a presumptive probation violation, thereby
revoking the bail previously posted on the new offense.
If the violation of probation is not based on a new offense, then there
is probably already issued a warrant for the person's arrest, with
either no bail or some substantial bail set on the warrant. If the person
is picked up on the warrant, a hearing is usually set within 10 days,
at which time it is possible to negotiate a reduced custody penalty –
sometimes credit for time served – if the person admits to the violation
and the violation has not been triggered by a new offense.
Most common probation violations not triggered by a new offense are "dirty"
drug tests, not reporting to probation, absconding from the area, not
completing a drug program, and not paying court-ordered restitution.
Alleged probation violations can be contested at an "evidentiary hearing"
but bear in mind that the burden of proof is significantly less than that
at trial – a mere preponderance of evidence, not proof beyond a
reasonable doubt. Also, Fourth Amendment violations, i.e., illegal searches,
cannot be raised at these hearings.
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