Probation Violation in California

Probation Violation in California (PC 1203.2) — 2025 Bay Area Guide

If you or a loved one is accused of a probation violation in California, the stakes are high: your freedom, job, and immigration status may be on the line. Our Bay Area criminal defense team defends clients in San Francisco, Oakland, San Jose, and across Alameda, Contra Costa, San Mateo, Santa Clara, and Marin Counties. Whether your case started as a DUI, domestic violence, theft, or drug charge, a fast, strategic response can make the difference between continuing probation and going to jail.

What Probation Is — and How Long It Lasts (2025 Update)

California courts can place a person on probation instead of sending them to jail or prison, with conditions designed for accountability, rehabilitation, and public safety. In 2021, AB 1950 shortened most probation terms statewide:

• Misdemeanors: maximum 1 year (most charges).
• Felonies: maximum 2 years (most charges).

Important Exceptions (Still in Effect in 2025)

• DUI (misdemeanor or felony): 3 to 5 years of probation under Vehicle Code §23600 (not shortened by AB 1950).
• Domestic violence cases commonly carry 36 months of probation and mandatory DV terms under PC §1203.097.
• Certain higher-value theft/embezzlement offenses may carry up to 3 years of felony probation.
• For offenses listed in PC §667.5(c) or statutes specifying a probation length, courts may impose longer terms consistent with those laws.

Types of Probation in California

• Summary (informal) probation — usually for misdemeanors; you report to the court, not a PO, and must obey all conditions.
• Formal probation — usually for felonies; supervised by a probation officer with check-ins and compliance monitoring.

Courts set conditions under PC §1203.1, and they must be reasonable and related to the offense or rehabilitation.

Common Probation Conditions

• Obey all laws and appear at court dates
• Report to probation and allow home/work visits (formal probation)
• Pay restitution and fines according to ability to pay
• Classes/counseling (e.g., DUI school, DV/Batterer's Program, anger management, substance use treatment)
• Community service or work program
• Search conditions; travel limits; no contact orders
• DUI-specific: IID, alcohol/drug abstention, and DUI program completion (critical for commercial drivers and rideshare pros seeking DUI defense).

What Counts as a Probation Violation (PC §1203.2)

A violation can be technical (missing appointments, not finishing classes, positive test, late payments when the court finds ability to pay) or new-law (arrest/charges for a new crime). California law provides the court authority to arrest, hold a hearing, and then continue, modify, or revoke probation for alleged violations. Notably, supervision cannot be revoked solely for inability to pay; the court must find a willful failure with ability to pay.

The Probation Violation Hearing (No Jury)

• Governed by PC §1203.2; there is no jury.
• The DA must prove the violation by a preponderance of the evidence (more likely than not) — a lower standard than "beyond a reasonable doubt."
• You have a right to counsel and to present evidence. Courts may consider reliable hearsay only if due process is respected; judges must balance confrontation rights and "good cause" before admitting hearsay.

What the Judge Can Do If a Violation Is Found

Depending on the facts, prior compliance, and public-safety concerns, the court may:

• Continue probation with a warning;
• Modify probation (add/adjust terms, extend within legal limits, order additional programs or community service); or
• Revoke probation and impose the jail/prison sentence (or a portion of it). Courts also retain power under PC §1203.3 to modify or terminate probation early when justice and rehabilitation warrant it.

Eligibility for Probation (High-Level)

Probation eligibility depends on the offense, criminal history, and statutory limits. Certain serious/violent scenarios restrict or bar probation, including when a person on felony probation commits a new serious/violent felony. Eligibility rules live in PC §1203 and related sections.

Commercial Drivers, Rideshare Drivers & Professionals

If you drive for a living (truckers, CDL holders, rideshare/delivery), a DUI probation violation can threaten both your freedom and your CDL. Our Bay Area defense team defends CDL holders in DUI defense and probation-allegation proceedings, coordinates with DMV actions, and fights to protect your license and job opportunities. (Remember: DUI probation lengths remain 3–5 years in California.)

How Our Bay Area Defense Team Helps

• Rapid response to warrants & court dates
• Attack weak or hearsay-heavy allegations; litigate admissibility under Arreola/Gray
• Highlight compliance and non-willfulness (e.g., inability-to-pay findings)
• Seek reinstatement or tailored modifications instead of custody
• File for early termination of probation under PC §1203.3 when eligible

What to Do Right Now

• Do not ignore a notice from probation or the court.
• Gather proof of compliance: class attendance, AA/NA logs, restitution payments, employment, treatment, and any reason for missed dates (medical, transportation, caregiving).
• Contact a Bay Area probation violation lawyer immediately.

Citations & Key Laws

• PC §1203.2 (violations; arrest; revocation/continuation/modification; nonpayment rule)
• PC §1203.3 (court authority to modify/terminate probation)
• AB 1950 (misdemeanor 1-year / felony 2-year caps; exceptions)
• VC §23600 (DUI probation 3–5 years)
• PC §1203.097 (DV probation terms, commonly 36 months)
• PC §1203.1(a)(2) (certain theft/embezzlement over $25,000 up to 3 years)
• People v. Rodriguez (1990) (preponderance standard)
• People v. Arreola (1994) & People v. Gray (2023) (hearsay/good-cause & confrontation balancing)