Probation Violation
Probation Violation Attorney in Santa Ana
A probation violation can undo all the progress you’ve made toward clearing your record and regaining your freedom. Whether it’s a missed appointment, failed drug test, or new arrest, the consequences can be severe — including jail time and reinstated charges. At Glew & Kim, we respond quickly to minimize damage, protect your rights, and present your side of the story before the court takes action.
Understanding Probation Violations in California
Probation is meant to be a second chance — but even minor mistakes can trigger serious penalties. A probation violation occurs when you allegedly fail to comply with one or more terms set by the court.
Common examples include:
Missing court or probation appointments.
Failing a drug or alcohol test.
Not completing community service or classes.
Failure to pay fines or restitution.
New criminal charges while on probation.
The violation may be classified as technical (procedural) or substantive (new offense), and the difference can determine whether you face modification, reinstatement, or revocation of probation.
Possible Consequences of a Probation Violation
If a judge determines you violated probation, the potential outcomes can include:
Reinstatement of probation with a warning or modified terms.
Extended probation period or additional requirements.
Revocation of probation, resulting in jail or prison time.
New charges if the violation involved a new offense.
Unlike criminal trials, probation hearings have a lower burden of proof — meaning the prosecution only needs to show it’s more likely than not that you violated the terms. That’s why strategic defense and timing are crucial.
Common Defenses to Probation Violations
Lack of willful intent: The violation wasn’t intentional or was beyond your control.
Administrative error: Probation office miscommunication or clerical mistake.
Compliance evidence: You met requirements but documentation was delayed.
Insufficient proof: The prosecution can’t meet the “preponderance” standard.
Illegal probation term: A condition may have been improperly imposed or enforced.
Our attorneys carefully evaluate each case to identify errors and advocate for reinstatement whenever possible.
Frequently Asked Questions
Will I go to jail for violating probation?
Not necessarily. Many violations can be resolved through reinstatement or modification of terms rather than incarceration.
Do I get a new trial?
No. A probation violation hearing is separate from your original case and doesn’t require a jury.
Can I travel while on probation?
Only with permission from your probation officer or the court. Traveling without approval can result in a violation.
Protect Your Progress and Your Freedom
If you’ve been accused of violating probation, the court’s next decision can impact your freedom and your future. Acting quickly and speaking with an experienced criminal defense lawyer gives you the best chance to explain your situation, challenge unfair allegations, and restore your probation before it’s revoked. Contact Glew & Kim today for a free, confidential consultation and protect the progress you’ve made.
