Probation violations

If you are on probation in California and have been accused of violating it, the case is handled differently from a new criminal charge. The rules of proof are looser, there is no jury, and the judge has wide discretion over what happens next. Understanding the process helps you prepare for it.

Formal and informal probation

Probation is a sentence served in the community instead of, or in addition to, jail time. California courts use two main kinds:

Formal probation, typically used in felony cases, is supervised by the county probation department. You report to a probation officer, and conditions often include search terms, drug testing, classes and restrictions on travel.
Summary or informal probation, also called court probation, is typically used in misdemeanor cases. There is no probation officer; you are responsible to the court directly for completing the conditions, such as fines, classes or community service, and obeying all laws.

Since January 1, 2021, Assembly Bill 1950 has generally limited probation to up to one year for misdemeanors and up to two years for most felonies. There are exceptions. Offenses with their own specified probation term in statute, violent felonies listed in Penal Code § 667.5(c), and certain high-value theft and fraud offenses can still carry longer terms, and DUI and domestic violence cases are commonly treated as exceptions. Whether the shorter limit applies to your case can depend on when you were sentenced and what you were convicted of.

How a violation happens

Violations fall into two broad groups:

New arrest or new offense. Being arrested or cited for a new crime is usually treated as a violation of the condition to obey all laws. The prosecutor can pursue the violation and the new case at the same time, and the violation can move forward even if the new case is never filed or is dismissed.
Technical violation. This is a failure to follow a condition that is not itself a crime: missing a probation appointment, testing positive, not finishing a class, not paying, or leaving the county without permission.

Under Penal Code § 1203.2, a probationer can be arrested without a warrant if there is probable cause to believe a condition was violated, and the court can summarily revoke probation. Summary revocation generally pauses the running of the probation period while the matter is resolved. Many violations, especially technical ones, start more quietly with a notice to appear in court rather than an arrest.

The probation violation hearing

A probationer is entitled to due process before probation is formally revoked. These protections come from the U.S. Supreme Court’s decision in Morrissey v. Brewer and the California Supreme Court’s decision in People v. Vickers, which is why lawyers sometimes call this a “Morrissey” or “Vickers” hearing. At the hearing:

You have the right to a lawyer, written notice of the alleged violation, and the chance to present evidence and witnesses.
There is no jury. A judge decides.
The prosecution only has to prove the violation by a preponderance of the evidence, meaning more likely than not, rather than beyond a reasonable doubt.
Some hearsay that would not be allowed at trial can be admitted, though there are limits, and you generally have a right to confront key witnesses unless the court finds good cause otherwise.

When the violation is based on a new arrest, the lower standard of proof means a violation can be found even if a jury might later acquit on the new charge. How and when to contest the violation in relation to the new case is a strategic decision that should be made carefully.

Possible outcomes

If the judge finds a violation, the court has several options under Penal Code § 1203.2 and § 1203.3:

Reinstate probation on the same terms, sometimes with a warning.
Modify probation by adding conditions, extending it within legal limits, or ordering some custody time.
Revoke and sentence. If the original sentence was suspended before it was imposed, the court can generally sentence you to any term that was available for the original offense. If a sentence was imposed and its execution suspended, the court generally must order that sentence into effect if it does not reinstate probation.

The result typically depends on the nature of the violation, your record on probation so far, the original offense and the court. A first technical violation is often treated very differently from a new serious offense.

Ending probation early

Probation is not only about avoiding violations. Under Penal Code § 1203.3, the court can modify or terminate probation early when the interests of justice support it. A request is typically stronger when you have completed your classes and community service, paid what you can, stayed out of trouble and have a concrete reason, such as a job opportunity. Early termination can also open the door to a dismissal under Penal Code § 1203.4. See the expungement and record clearing page for more.

How Eric H. Hintz approaches probation violations

Eric H. Hintz has practiced Criminal Defense in California since 1985 and appears in state and federal courts in any California county. In a violation case, he reviews the original sentence and probation terms, the specific allegation, and the evidence behind it, then looks at whether to contest the violation, explain it, or work toward a resolution that keeps you on probation. Where a new case is pending, he considers both cases together.

Consultations are free for people who are out of custody. If you have a violation notice or a warrant, or a family member has been arrested, call the office at (916) 465-6500 or call or text 24 hours at (916) 802-5979. The bail and release page explains what happens if someone is held in custody.

Common questions

Will I go to jail for violating probation?

Not necessarily. The judge can reinstate probation, modify it with new conditions or some custody time, or revoke it and impose a sentence. The outcome typically depends on what the violation was, how you have done on probation so far, the original offense and the court. A first technical violation is often treated differently from a new offense.

Do I get a jury at a probation violation hearing?

No. A judge decides whether you violated probation. The prosecution only needs to prove the violation by a preponderance of the evidence, meaning more likely than not, which is a lower standard than the beyond-a-reasonable-doubt standard used at a criminal trial. You do have the right to a lawyer, notice of the allegation and the chance to present evidence.

Can probation be violated if my new case was dismissed?

Yes, it can. Because the standard of proof at a violation hearing is lower, and some evidence that would be excluded at trial may be considered, a judge can find a violation based on the same conduct even when the new charge is dismissed or never filed. Each situation depends on the evidence available.

How long does probation last in California now?

Since 2021, Assembly Bill 1950 has generally capped probation at one year for misdemeanors and two years for most felonies. Exceptions exist, including offenses with their own specified probation length, violent felonies and some high-value theft and fraud offenses. DUI and domestic violence cases are commonly treated as exceptions. Your sentencing paperwork shows your actual term.

Can I ask to end probation early?

Yes. Penal Code § 1203.3 allows the court to terminate probation early when the interests of justice support it. Courts typically look at whether you have completed your conditions, paid what you owe or can, and stayed out of trouble. Early termination can also make it easier to seek a dismissal under Penal Code § 1203.4.

Last reviewed October 2026.

General information, not legal advice. Every case is different.