Does a violation of probation automatically lead to imprisonment or revocation of probation?

California, United States of America


The following excerpt is from People v. McLain, B293266 (Cal. App. 2019):

"A probation violation does not automatically call for revocation of probation and imprisonment. [Citation.] A court may modify, revoke, or terminate the defendant's probation upon finding the defendant has violated probation." (People v. Bolian (2014) 231 Cal.App.4th 1415, 1420.) In deciding whether to permanently revoke probation, the court may consider the nature of the violation and the defendant's past performance on probation. (Cal. Rules of Court, rule 4.435.) "The decision whether to reinstate probation or terminate probation (and thus send the defendant to prison) rests within the broad discretion of the trial court." (People v. Bolian, supra, at p. 1421.)

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