Probation Violation Hearing Attorney

Felony Probation Violation Hearings – Understanding Penal Code 1203.2

At the Law Office of Bradley R. Corbett, we specialize in defending individuals facing felony probation violation hearings under California Penal Code 1203.2. A probation violation can lead to serious consequences, including revocation of probation, jail or prison time, and stricter probation terms. If you are facing a probation violation in San Diego County, whether at the Vista Courthouse, East County El Cajon Court, South Bay Chula Vista Court, or the Downtown Courthouse at 1100 Union Street, you need an aggressive and experienced defense attorney on your side.

What is Penal Code 1203.2?

California Penal Code 1203.2 governs probation violations for both felony and misdemeanor cases. Under this law, a probationer may be arrested and brought back before the court if they are suspected of violating any condition of their probation.

Common Types of Probation Violations

Felony probation typically comes with strict conditions. Common violations include:

Failure to report to a probation officer
Failing a drug test
Missing court-ordered programs (e.g., anger management, rehab)
Committing a new crime while on probation
Failure to pay fines or restitution
Possessing firearms or illegal substances

If a probation officer believes you violated any condition, they can report the violation to the judge, potentially leading to an arrest and court hearing.

What Happens at a Felony Probation Violation Hearing?

Unlike a typical criminal trial, a probation violation hearing does not require proof beyond a reasonable doubt. Instead, the prosecution must show a preponderance of evidence, meaning they only need to prove it is more likely than not that you violated probation.

Key Aspects of a Probation Violation Hearing

Judge’s Discretion – The judge has broad authority in determining the outcome.
No Jury – Unlike a criminal trial, a probation violation hearing is decided solely by the judge.
Evidentiary Hearing – If necessary, we can demand a full evidentiary hearing, where we challenge the prosecution’s claims with witness testimony and evidence.
Burden of Proof – The standard is much lower than in a criminal case, making it crucial to have a strong legal defense.

Possible Outcomes of a Probation Violation Hearing

Depending on the circumstances, the judge may choose to:

Reinstate probation with the same terms
Modify probation with stricter conditions
Revoke probation and impose jail or prison time

We fight aggressively to avoid harsh penalties and keep you out of jail.

Negotiating with the Judge and Prosecutor

At the Law Office of Bradley R. Corbett, we have built a strong reputation in the San Diego County courts for our ability to negotiate with judges and prosecutors. Our goal is to demonstrate your willingness to comply with probation and present mitigating circumstances that show you deserve another chance.

Defenses Against Probation Violation Allegations

Every probation violation case is unique, but common defense strategies include:

Lack of Evidence – If there is no solid proof that a violation occurred, we fight to have the case dismissed.
False Allegations – We challenge any unfounded claims made by probation officers, law enforcement, or third parties.
Mistaken Identity – If you were accused of a crime you didn’t commit, we work to prove mistaken identity.
Substantial Compliance – If the violation was minor or unintentional, we argue that you have substantially complied with probation terms.
Emergency Situations – If a probation violation occurred due to a medical emergency or unavoidable situation, we present this to the judge as mitigating evidence.

Why Choose the Law Office of Bradley Corbett?

Bradley R. Corbett_Criminal Defense Attorney_Probation Violation Hearing

Aggressive Defense in Every Courthouse

With years of experience defending clients in Vista, El Cajon, Chula Vista, and Downtown San Diego, we know the tendencies of each judge and how to strategically present your case for the best possible outcome.

Proven Success in Probation Violation Cases

We have successfully helped many clients avoid jail time and get probation reinstated. Whether through negotiation or an evidentiary hearing, we fight tirelessly for your rights.

619-800-4449 760-201-9839 Contact Us Now!

San Diego Probation Violation Hearings Attorney