Under what circumstances can a defendant be found to have violated his probation?

California, United States of America


The following excerpt is from People v. Varela, A148718 (Cal. App. 2017):

Under Penal Code section 1203.2, subdivision (a), "the court may revoke and terminate [probation] if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probation. . . officer or otherwise that the person has violated any of the conditions of his or her supervision." Thus, after finding that the defendant violated probation and revoking probation, the court may either reinstate probation on the same or modified terms, or terminate probation and order the defendant committed to prison. (See, e.g., People v. Harris (1990) 226 Cal.App.3d 141, 147.) If probation is revoked and terminated, the court may impose sentence for as long a term as the defendant might have been sentenced originally. (Pen. Code, 1203.2, subd. (c).)

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B. Forfeiture

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