A violation of court-ordered conditions is not a new criminal charge, but a breach of a prior agreement, which can result in the immediate revocation of your freedom and imposition of the maximum underlying sentence.
Probation Violation (PC 1203.2): Violating any condition of court-ordered probation (e.g., missing a court date, failing a drug test, committing a new crime).
Parole, PRCS, MCS Violations: Violating the terms of supervision following a prison sentence (Parole), following post-realignment sentences (Post Release Community Supervision/PRCS), or a split sentence (Mandatory Court Supervision/MCS).
The Hearing: Violation hearings have a lower burden of proof than a criminal trial.
Defense Focus: Presenting mitigating circumstances for the violation, challenging the factual basis of the violation, or seeking reinstatement of supervision with modified conditions rather than jail time.
Detailed Analysis of California Criminal Charges: Elements, Penalties, and Defense Strategies
Securing a conviction in a California criminal case requires the prosecution to prove every element of the crimebeyond a reasonable doubt. Understanding these elements, the potential penalty range, and viable defenses is crucial for mounting an effective legal strategy.
Violation of Probation/Parole/Supervision: A violation of any supervision condition (Probation, Parole, PRCS, MCS) can lead to revocation and the imposition of the full maximum underlying sentence. Since the burden of proof is lower than a criminal trial, defense focuses on arguing the violation was Not Willful (a technical breach) or presenting Mitigating Factors to argue for reinstatement.
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