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Unless a defendant is sentenced to prison or there is a terminal disposition (meaning no probation), he or she is placed on probation for a period of 1 to 5 years when convicted of a crime. If he or she fails to obey the terms of probation or orders of the court, he or she could be faced with additional jail time. A warrant or court order would be issued and that individual would be arrested and brought to the court. It is important to note that no bail is available for Felony Probation Violations. Bail is however available for misdemeanor probation violations. Moreover, an attorney can appear on your behalf pursuant to Penal Code section 977(a) and request that you be released on your own recognizance or to resolve the matter on your behalf.

If you’ve been charged with probation violation, you have the right to a probation violation hearing. At this hearing however, you will not be entitled to a jury. The burden of proof is far less in probation violation matters than any other criminal proceeding. A judge or commissioner will determine whether you are or are not in violation of your probation.