San Diego Criminal Defense Attorney, Stacie Patterson

Criminal defendants convicted of felonies and/or misdemeanors may be sentenced to probation.  Normally, those convicted of a misdemeanor are sentenced to informal probation and not required to report to a probation officer. 

Most individuals convicted of felonies are placed on formal probation and required to report. 
Whether convicted of a felony or misdemeanor, defendants placed on probation will be ordered to satisfy certain conditions such as remain law-abiding, remain drug free, complete a treatment program or pay fines.  The Court or Probation Department may assert that the defendant has violated probation by:

• committing a new offense
• failing drug tests
• not reporting
• not completing community service
• failing to abide by a Stay-Away Order
• not completing a required treatment program related to drugs, driving under the influence, domestic violence, anger management or parenting, stalking, gambling or sex offenses

Evidentiary Hearings
If revocation proceedings have been initiated, your attorney may be able to negotiate a favorable resolution of the matter.  However, if the alleged probation violation is denied, a Judge will determine by a preponderance of the evidence whether the allegation is true.  If so, the Judge imposes a sentence after the hearing.  At the Sentence after Revocation, the Judge may reinstate probation and impose the same or different terms or deny probation and order a prison term.