Motion to Revoke Probation in California | Understanding Your Legal Options

A Motion to Revoke Probation is a legal action filed by a prosecutor or probation officer that requests the court to terminate a defendant’s probation. This typically occurs when a defendant has allegedly violated the terms of their probation, which can range from failing to complete court-ordered programs to committing new offenses. If the court finds that the defendant has violated their probation, they may face serious consequences, including additional penalties, jail time, or reinstatement of the original sentence.

Understanding Probation in California

Probation allows a person convicted of a crime to remain in the community rather than serve time in jail or prison, provided they follow certain conditions set by the court. These conditions often include:

• Regular check-ins with a probation officer
• Completing community service or rehabilitation programs
• Adhering to a curfew
• Staying out of legal trouble (committing no new crimes)

Violating these conditions can lead to the filing of a motion to revoke probation by the prosecution.

Common Reasons for Filing a Motion to Revoke Probation

1. Committing a New Crime: If the defendant is arrested for a new crime, it is a clear violation of the terms of probation.
2. Failure to Pay Fines or Restitution: Not paying court-ordered fines or restitution to victims can lead to a probation violation.
3. Missed Court-Ordered Programs: Failing to attend or complete court-ordered programs, such as anger management or drug rehabilitation, is another common cause.
4. Failure to Report: If the defendant fails to report to their probation officer as scheduled, this can lead to a motion to revoke.
5. Violating Curfew or Travel Restrictions: Not adhering to geographic or time restrictions set by the court may result in revocation.

The Process of Revoking Probation

Once a motion to revoke probation is filed, the court will hold a probation revocation hearing. At this hearing, the prosecutor must present evidence that the defendant violated the terms of their probation. The defendant has the right to present evidence in their defense, including testimony, documents, or witnesses.

Key aspects of the hearing include:

1. Burden of Proof: Unlike a criminal trial, the prosecution only needs to prove the probation violation by a preponderance of the evidence, meaning it is more likely than not that the violation occurred.
2. The Defendant’s Rights: The defendant has the right to challenge the evidence and cross-examine witnesses.
3. Potential Outcomes: If the court finds that the defendant violated probation, the judge can:
   • Revoke probation and impose the original sentence.
   • Modify the terms of probation, such as adding new conditions or extending the probation period.
   • Reinstate probation without changes.

Defenses to a Motion to Revoke Probation

1. Lack of Evidence: If the prosecution fails to provide sufficient evidence that a violation occurred, the motion may be denied.
2. Compliance with Terms: The defendant can argue that they did, in fact, comply with the terms of probation, and any accusations of a violation are incorrect.
3. No Intent to Violate: In some cases, a defendant may unintentionally violate probation due to misunderstanding or extenuating circumstances. For example, missing a check-in due to an emergency may not result in revocation if the court finds the excuse valid.

Consequences of a Probation Violation

• Being sent back to jail or prison for the remainder of the original sentence.
• Additional fines or penalties.
• Extended probation with stricter conditions.

In cases involving felony probation, the consequences can be especially severe, with the possibility of significant prison time if the probation violation is proven.

Contact an Experienced Probation Defense Attorney

If you are facing a motion to revoke probation in Los Angeles, it’s essential to act quickly. At The Law Offices of Arash Hashemi, we have over 20 years of experience defending clients in probation violation cases. Attorney Arash Hashemi has successfully represented individuals facing serious criminal charges and probation violations, ensuring that their rights are protected at every step.

Schedule a Consultation:

Phone: (310) 448-1529
Email: Contact@hashemilaw.com
Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.

We are conveniently located in the Westside Towers in Los Angeles, serving clients throughout Santa Monica, Beverly Hills, and Westwood. Contact us today to discuss your case and learn how we can help you.

Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.