Crash Course: Probation Violation Hearings
If you're facing a probation violation hearing in California, you're likely feeling anxious about what’s ahead. Whether your violation was alleged due to a missed meeting with your probation officer, a failed drug test, or a new arrest, it’s important to understand how these hearings work—and what’s at stake.
Davis W. Hewitt helps clients navigate the criminal justice system, protect their rights, and minimize the consequences of probation violations. Here's what you need to know if you've been accused of violating your probation.
What Is a Probation Violation?
In California, there are two main types of probation: formal (felony) and informal (misdemeanor). Both types come with strict terms and conditions. A violation occurs when someone allegedly fails to comply with those terms. Common probation violations include:
Failing to appear in court
Missing appointments with your probation officer
Failing drug or alcohol tests
Not completing court-ordered programs
Getting arrested for a new offense
Even minor or technical violations can lead to serious consequences, so it’s critical to take the situation seriously.
What Happens After a Probation Violation?
If your probation officer or the court believes you violated probation, the judge may:
Issue a bench warrant for your arrest
Summon you to a probation violation hearing (also called a PV hearing)
These hearings are very different from jury trials. You won’t have a jury, and the burden of proof is lower. Instead of “beyond a reasonable doubt,” the prosecution only needs to prove the violation by a preponderance of the evidence—meaning it’s more likely than not that you violated probation.
What Happens at the Hearing?
At your probation violation hearing, the judge will:
Review the alleged violation
Hear evidence and testimony from both sides
Decide whether a violation occurred
Impose consequences if necessary
You have the right to:
Be represented by an attorney
Present evidence and call witnesses
Cross-examine the prosecution’s witnesses
Having an experienced defense attorney can make a significant difference in the outcome of your hearing.
Possible Outcomes of a Probation Violation Hearing
If the judge determines you violated probation, several outcomes are possible:
Reinstatement of probation with the same terms
Modification of probation, possibly adding more conditions
Revocation of probation and imposition of a jail or prison sentence
The outcome will depend on the nature and seriousness of the violation, your prior record, and the quality of your legal representation.
Facing a Probation Violation?
If you’ve been accused of violating probation in California, don’t face the judge alone. Contact Davis W. Hewitt today for a confidential consultation. He’ll review your case, explain your options, and fight to get you the best possible outcome.
