Violated Felony Probation? Jail Time Risks Explained

What is Felony Probation?

Felony probation offers an alternative to state prison, allowing some felony offenders to avoid incarceration. In serious cases, a resolution known as “execution of sentence suspended” (ESS) can be negotiated, meaning the offender is on probation with a specific prison term looming if probation terms are violated.

Generally, on felony probation, you will stay out of prison if you comply with all of the terms of your probation. In some cases you may still have to serve some local, county jail time, which can sometimes be served on either electronic home monitoring or through the Sheriff’s Work Program. The maximum county jail time for a felony probation sentence is one year (served at half-time)

Felony probation generally lasts between three to five years, with terms set by the judge. Probationers must obey all laws, and any new arrest can result in a probation violation and a potential state prison sentence. Formal probation includes reporting to a probation officer, attending mandated programs, waiving Fourth Amendment rights, drug testing, and avoiding specific people or places.

It’s vital to follow all probation conditions carefully, as violations can lead to prison. A skilled attorney can argue against unreasonable probation terms and work towards a favorable resolution, potentially reducing the charge from a felony or achieving an acquittal.

Understanding Felony Probation Violations

Felony probation comes with specific terms and conditions that must be strictly followed. Failure to adhere to these conditions constitutes a probation violation or “technical violation.”

The standard of proof for a probation violation is lower than for a criminal charge. While criminal charges require proof “beyond a reasonable doubt,” probation violations only need a “preponderance of evidence,” making it easier for the prosecutor to prove.

What Happens After Violating Felony Probation?
If your probation officer, the court, or law enforcement learns of a probation violation, an arrest warrant may be issued, and you will be required to appear in court. You may be held without bond until the violation of probation (VOP) hearing, depending on your prior criminal record.

The first court appearance is the probation violation arraignment, where the state must demonstrate the violation with a preponderance of evidence. The defendant can either admit to the violation or proceed to a VOP hearing.

At the probation violation arraignment and/or disposition, the judge can:

• Issue a warning and reinstate the original probation terms
• Modify the probation terms
• Place the defendant on Intensive Probation
• Revoke probation and impose jail or prison time

Intensive Probation is a stringent form of probation requiring the defendant to stay home when not working and seek approval from the probation officer before leaving home. This form of probation is similar to house arrest.

For all probation types, including lifetime, standard, or intensive probation, the probation officer has the authority to visit the defendant’s home frequently and request urine or breath tests. If the defendant is not home during a visit, the officer can file a petition to revoke probation.

Also Read: Statute of Limitations for Probation Violations in California

What is the Penalty for Violating Felony Probation?

According to LawRina, if a probation officer suspects a felony probation violation, they will often request a court hearing [1]. The prosecutor must meet the burden of proof to demonstrate that the probation terms were violated. The court will then evaluate the case to determine if a violation occurred and decide on the appropriate punishment.

Typically, the same judge who sentenced the probationer will preside over the violation hearing. The probationer will have the opportunity to admit or deny the violation.

During the hearing, the judge will consider:

• The nature and seriousness of the alleged violation
• Evidence supporting or refuting the claim
• Whether this is the first probation violation
• Other relevant factors that may influence the decision

Based on these considerations and recommendations from the probation officer, the judge can revoke probation, impose jail time, reinstate the original probation, or modify the probation terms.

Best-Case Scenario: Reinstating Probation
If the probation violation is minor and it’s the probationer’s first offense, the judge may reinstate probation with the same conditions. This scenario is favorable as it gives the probationer another chance to comply with the terms. However, any future violations will be treated more harshly.

Second-Best Scenario: Modifying Probation Terms
If reinstating the original probation is not deemed sufficient, the judge may modify the probation terms. This could involve stricter conditions or adjustments to help the probationer adhere to the rules better. This outcome is preferable to jail time.

Worst-Case Scenario: Revoking Probation
For severe violations, such as committing another crime, the judge may revoke probation and impose a prison sentence. In this case, the probationer will serve time for the violation and potentially face additional charges for the new offense.

Related Articles:

• Early Termination of Probation
• What is a Work Furlough Program?
• Can You Violate Probation and Not Go to Jail?

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References:

1. https://lawrina.org/match/probate/what-happens-if-you-violate-felony-probation/