Probation matters; how many viiolatiions does a person allowed for one year before sending them to prison?

Asked about 5 years ago - Los Banos, CA

you get one years worth of violations before sending you to prison. Is this correct????

Attorney answers (4)

  1. Robert Lee Marshall

    Contributor Level 20


    Lawyer agrees

    Answered . No, that is not correct. If you are on felony probation, the judge can revoke probation and send you to prison on the first violation.

    The exception is Proposition 36//Penal Code 1210, which is a special form of probation for nonviolent drug offenders that offers treatment instead of incarceration. In Prop 36, the defendant usually gets three drug-related violations before probation is terminated. There are exceptions, such as someone who refuses to participate in treatment, and a person can also be terminated from the program for any non-drug violations.

  2. Robert Lee Marshall

    Contributor Level 20

    Answered . After re-reading your question, it appears you may be looking for some other information.

    By " a year's worth of violations," do you mean a year in county jail?

    The court can impose up to a year in jail as a condition of felony probation. If the person violates probation and the judge wants to reinstate probation but impose additional jail time, the total of the new sentence and time already served, plus additional good conduct credits, cannot exceed one year.

    Defendants who want a second chance on probation but would exceed the one-year limit sometimes waive, or give up, all or part the credit for the time they have already served, allowing the judge to impose more jail time.

    If the person violates probation again and is sentenced to state prison, they would not be entitled to credit against the prison sentence for the time that was served, but waived.

  3. Matthew Edward Williamson

    Contributor Level 15

    Answered . Attorney Marshall is correct and I would add that if you are already considering how many violations and you are the defendant, then you are really in the wrong mindset unless you want to go to prison.

    Good luck with your situation.

    Matthew Williamson

  4. Howard Woodley Bailey


    Contributor Level 20

    Answered . Any violation can result in the filing of a VOP. Once the VOP is filed and if you either are found guilty of the VOP or plead guilty to the VOP, the Court decides whether to resentence you. If the Court decides to resentence you, the Court can give you up to the maximum incarceration (including any parole ineligibility period allowed) for the charge(s) for which you were originally placed on probation. Good luck.

    This information is offered for informational purposes only, as I do not practice law in your State. It is not intended as legal advice and you should not rely upon it to decide how to resolve this issue. No Attorney-Client relationship is intended or established by this response. You are faced with a situation where you need to consult with an experienced defense lawyer admitted to practice law in your State before you make any decisions as to how to resolve this issue.

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