Violations & revocations of Formal probation, Informal probation, & mandatory supervision

The following questions and answers apply to most forms of county-level community supervision in California, including informal probation, formal probation, and Mandatory Supervision, but NOT Post-Release Community Supervision (PRCS).

  1. Pre-hearing

    1. What is the probation revocation process in California?

    2. What could happen if I don’t follow the conditions of my probation?

    3. Can I be revoked for not paying restitution?

    4. Can flash incarceration be used as an intermediate sanction?

    5. Am I entitled to bail?

    6. What does the court have the power to do to my probation status?

  2. The Hearing

    1. What court will hear my case?

    2. Who hears the cases?

    3. Who represents the interest of probation in the hearing?

    4. What does the prosecutor (D.A.) need to prove?

    5. Do I have a right to notice of the probation revocation hearing?

    6. Do I have the right to an attorney at the hearing?

    7. What rights do I have during a probation revocation hearing?

    8. At my probation revocation hearing, can the prosecutor (D.A.) introduce evidence obtained through an unlawful search or seizure?

    9. Can a witness be excused from testifying in front of me at a probation revocation hearing?

    10. What happens if a very important witness doesn’t show up to the probation revocation hearing, even though he/she was required to attend?

  3. Sentencing

    1. How long can I be sentenced to jail time for a probation revocation?

    2. Could I be sentenced to prison instead of jail for a probation revocation?

    3. If my probation is revoked and terminated, how long will I be sent to prison or jail?

  4. Challenging a Revocation decision

    1. What rights do I have if I am a person with a disability going through probation revocation proceedings?

    2. Can I challenge a decision/action by the county superior court?