Pre-hearing

What is the probation revocation process in California?

The following probation revocation process applies to: (1) informal probation, (2) formal probation, and (3) Mandatory Supervision.[824]

  1. 824

    Cal. Penal Code § 1203.2(a).

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

If any probation officer, parole officer, or police officer has probable cause to believe that you are violating any term or condition of your supervision, the officer may re-arrest you (even without a warrant) and bring you before the court.[825]

This is the case so long as you are on probation—at any point until the time your probation terminates or your case is dismissed. Alternatively, the court may, in its own discretion, issue a warrant for your re-arrest.[826]

If you willfully miss a scheduled court date (“progress report”), this is considered a probation violation and the court will issue a bench warrant for your arrest.[827]

  1. 825

    Cal. Penal Code § 1203.2(a).

  2. 826

    Cal. Penal Code § 1203.2(a).

  3. 827

    Cal. Penal Code § 1203.2(a).

Can I be revoked for not paying restitution?

Yes, BUT not if you cannot afford to pay. If you do not pay restitution, your probation can be revoked.[828] But your probation will not be revoked due to a failure to pay restitution unless the court determines that: 1) you have the ability to pay, and 2) you willfully failed to pay.[829]

  1. 828

    Cal. Penal Code § 1203.2. See also Bearden v. Georgia, 461 U.S. 660.

  2. 829

    Cal. Penal Code § 1203.2. See also, People v. Self, 233 Cal. App. 3d 212 (“Probation shall not be revoked for failure of a person to make restitution . . . as a condition of probation unless the court determines that the defendant has willfully failed to pay and has the ability to pay. Restitution shall be consistent with a person’s ability to pay.”).

Can flash incarceration be used as an intermediate sanction?

If you are on informal probation, formal probation, or Mandatory Supervision flash incarceration CANNOT be used as an intermediate sanction. Flash incarceration can ONLY be used for people on parole or PRCS.[830]

  1. 830

    Cal. Penal Code §§ 1203.2(g); 3450(b)(8)(A) (allowing short-term “flash incarceration” for people supervised on parole and PRCS).

Am I entitled to bail?

It depends. Bail amounts for probation violations vary from county to county. Bail amounts for probation violations may also depend on the type of offense you were convicted of, and whether you are on informal or formal probation.[831] If you have internet access, you can usually find standard felony and misdemeanor bail amounts for probation violations (also referred to as “bail schedules”) on your county Superior Court’s website, or call your county public defenders office to ask them about bail amounts for probation violations.[832]

  1. 831

    Cal. Penal Code § 1268 et. seq.

  2. 832

    For example, you can find Riverside County’s bail schedule at: http://www.riverside.courts.ca.gov/bailschedule.pdf. In Riverside County, the standard bail amount for a violation of informal probation is $5,000, and $50,000 for a violation of formal probation.

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

The court can:

    Reinstate your probation with the same probation terms and conditions;
    Reinstate and modify (meaning change the terms or conditions of your probation),
    Revoke and terminate (meaning take away your probation and sentence you to jail or prison time). The court can modify, revoke, or terminate probation’s supervision of you on its own motion or upon the petition (a formal, legal request through the court) of you, the probation or parole officer, or the District Attorney. This applies to informal probation, formal probation, and Mandatory Supervision.[833]

For full details on the court procedure and sentencing in probation revocation proceeding, please see PG. 211.

  1. 833

    Cal. Penal Code § 1203.2(a).