Código Penal 1203.2 – Violaciónes de Libertad Condicional

Are you facing parole violation charges in California? In California, parole violations occur when convicted individuals and parolees violate the terms or conditions of their probation. These violations can apply to misdemeanors, felonies, and even DUI cases.

The rules set forth in California Penal Code 1203.2 PC allow:

1. Arrest parolees who have committed crimes or violated conditions of their parole.
2. End probation.
3. Imposing prison sentences instead of granting parole.
4. Establish stricter parole conditions.

Probation violation hearings take into account the rights of parolees and differ from criminal trials in terms of the burden of proof and the role of the judge versus the jury.

The rules of evidence in Penal Code 1203.2 PC are divided into two main categories:

1. Rules relating to arrest and termination of parole.
2. Rules on imposing prison time or stricter parole conditions for those convicted.

Regarding arrest and termination of parole, the law allows for the arrest of parolees when there is probable cause to believe they have committed an offense or violated the terms of their parole. This can occur with or without a warrant and can be carried out by a parole officer or a police officer. The imposition of prison time or stricter parole conditions depends on compliance with the terms and conditions of parole. Judges will determine whether a person serves prison time, is released, or receives stricter parole based on compliance with these terms.

In probation violation hearings, individuals have rights, such as the right to legal representation, the right to present witnesses on their behalf, and the right to defend themselves. These hearings are different from criminal trials, as in these cases, a judge makes decisions based on a preponderance of evidence, rather than a jury and the standard of proof beyond a reasonable doubt. To avoid penalties under Penal Code 1203.2 PC, it is essential to respect the terms and conditions of probation. If you face charges of probation violation, it is recommended to seek the advice of a criminal attorney who can defend your rights and provide adequate legal representation.