Los Angeles Probation Violation Lawyer

Criminal Defense at Probation Revocation Hearings Since 1992

A probation revocation hearing puts your freedom directly at stake. If the court finds a violation, the judge can impose the original sentence you were spared. This can include any maximum term that wasn’t handed down the first time. At Shevin Law Group, Attorney Eric D. Shevin and our team have defended clients in criminal matters throughout Los Angeles since 1992. That depth of experience applies directly to how we prepare for and argue at revocation hearings, where the rules are different and the margin for error is thin.

Reaching out to a probation violation attorney Los Angeles residents can rely on before the hearing date is set gives us time to build the strongest possible defense. Don’t wait until the day before.

A Los Angeles probation violation lawyer at Shevin Law Group can fight for you at your hearing. Call us today at (818) 918-5838 or contact us online.

Two Types of Probation in California

California Penal Code Section 1203 establishes two forms of probation, and which one applies to your case shapes what a violation looks like and what the court can do about it.

Informal (Summary or Misdemeanor) Probation
Typically imposed on first-time or misdemeanor offenders, informal probation is supervised by the court rather than a probation officer. The defendant returns to court at set intervals for progress reviews. Common conditions include paying fines or restitution, completing community service, attending counseling, and obeying all laws.

Formal (Felony) Probation
Formal probation requires regular reporting to an assigned Los Angeles County Probation Department officer, generally monthly. Under California Assembly Bill 1950, which took effect January 1, 2021, felony probation is capped at two years for most non-violent offenses. Longer terms apply to violent felonies, certain financial crimes involving more than $25,000, and offenses that carry a statutorily specified probation period. The probation officer may conduct unannounced home visits, administer drug tests, and submit periodic reports to the judge. Persons on formal probation also waive the right to be free from warrantless searches.

Regardless of which type applies, violations tend to fall into recognizable patterns:

• Failing a drug test: Testing positive for a prohibited substance when abstention is a condition of probation.
• Failure to appear: Missing a scheduled court date or a required check-in with a probation officer.
• Incomplete community service: Failing to fulfill the ordered number of hours within the required timeframe.
• Unpaid fines or restitution: Falling behind on court-ordered financial obligations without an approved exception.
• Contact with prohibited persons: Communicating with or being in the presence of someone the court ordered you to avoid.
• New criminal charges: Being arrested for or convicted of a new offense while on probation.

How a Probation Revocation Hearing Differs from a Criminal Trial

Your constitutional rights remain in effect at a probation revocation hearing, but they operate under a different framework than at your original trial. Those differences directly shape what our defense needs to accomplish.

No Jury & a Lower Burden of Proof

There is no jury. The judge alone decides whether a violation occurred and what happens next. The prosecution’s burden of proof also drops: from beyond a reasonable doubt, the roughly 95 percent certainty required for a criminal conviction, to a preponderance of the evidence, meaning the violation need only be more likely than not to have occurred, approximately 51 percent. That’s a significant reduction in what the prosecution must show, and it matters enormously for how we build your defense.

Relaxed Evidentiary Rules

The evidentiary rules also relax. Hearsay that would be inadmissible at a criminal trial can be admitted at a revocation hearing. This can include a statement from a witness who won’t appear in court, a secondhand account of your whereabouts, or a text message someone describes rather than produces. The judge retains discretion over how much weight to assign such evidence, but its admissibility alone tilts the playing field.

The rationale is straightforward: a defendant placed on probation has already been convicted under the higher standard. Probation is a conditional alternative to the sentence originally imposed, not a new presumption of innocence.

What the Court Can Impose After Finding a Violation

A finding of violation doesn’t automatically mean incarceration. The judge has wide discretion, and outcomes range from modest adjustments to the maximum sentence for the underlying offense.

Less Severe Outcomes

On the less severe end, the court may reinstate probation on the same terms, add new or stricter conditions, extend the probation term, or impose a short county jail stay as a condition of continued probation.

More Severe Outcomes

On the severe end, particularly for formal probation violations tied to felony convictions, the judge can revoke probation entirely and sentence the defendant to California state prison for the full maximum term of the original offense, including any portion the judge declined to impose at original sentencing. For misdemeanor probation violations, the exposure is Los Angeles County jail rather than state prison. In either case, the defendant receives credit for time already served.

Because the judge has genuine discretion, how the defense presents the facts, the client’s overall compliance history, and any mitigating circumstances can meaningfully influence the outcome. This is where experienced representation matters most.

Contact Our Los Angeles Probation Violation Attorneys

Shevin Law Group has defended criminal cases in Los Angeles since 1992. If you’re facing a probation revocation hearing, we can review your situation, explain how the willful and substantial standard applies to your specific violation, and represent you at every stage of the process. Reach us by phone at (818) 918-5838 or through our online contact form.