One question we are frequently asked is “Can I be violated after my probation ends in California?” If you were sentenced to a term of probation in California you were also ordered to comply with all of the standard and special conditions of that probationary term. Violating any of those conditions could result in a probation violation being filed with the court. That, in turn, could result in a number of negative consequences.
When a judge sentences you to probation you will be informed of the special conditions of your probation as well as the standard conditions of probation that everyone must abide by. Standard conditions include things such as:
- Reporting to your probation officer or the court as directed
- Remaining employed or enrolled in school
- Not using drugs or alcohol
- Paying all fines and costs
- Not committing any new criminal offenses
Special conditions include things such as:
- Completing an alcohol or substance abuse evaluation
- Completing anger management classes
- Completing community work service hours
- Abiding by a no contact order
You are held to all of these conditions until such time as your probation is terminated by the court – either successfully or unsuccessfully. Your probation may terminate because you finished the required term and completed all special conditions, in which case your probation officer will notify the court that you successfully completed probation. Your probation may also terminate because you violated your probation and the court revoked it, in which case it will be considered an unsuccessful termination. Either way though, your probation will be considered terminated.
Up to the point at which your probation is terminated a probation violation may be filed. Once your probation has been terminated by the court you can no longer be violated. For example, if you are arrested and charged with a new offense two days before probation is set to be over, and you have completed all special conditions of your probation, you can still be violated because of the new arrest. In that case, the court will likely toll the probation clock, meaning that your probationary sentence remains in a state of suspension until the court decides what to do about the new arrest. If that same arrest, however, occurred two days after your probation was terminated the court cannot go back and re-open your probation to file a probation violation.
If you have specific questions about your probation sentence in California contact experienced San Diego sentencing and probation attorney Domenic J. Lombardo by calling (619) 232-5122 for a free and confidential consultation.