Revocation of Probation, The Court’s Options

In California, the Court may revoke probation any time there exists evidence to establish a violation of the terms of that grant of probation. If the kern county court does not wish to terminate probation on a finding of a probation violation, it may set aside an order revoking probation and reinstate the probation on the same or modified terms. (authority to reinstate probation applicable whether imposition of sentence was suspended or execution of sentence was suspended). A revocation order, for a DUI or any other case,  may be set aside for good cause on motion made before the pronouncement of judgment. According to Bruce Blythe, a Kern County DUI Attorney, If probation was revoked after judgment was pronounced, the judgment and order may be set aside for good cause within 30 days after the court has notice that the execution of sentence has commenced.

Because a revocation of probation tolls the running of the probation period, a reinstatement of probation on the same terms and conditions effectively extends the original term of probation by the period of revocation. If the court intends to cancel the tolling effect of the revocation, it must state so expressly on the record When probation is reinstated before the original probation period has expired, the court may extend the probation period up to the statutorily prescribed maximum limits. In misdemeanor cases, probation may not exceed three years, unless the maximum sentence provided by law exceeds three years, in which case probation may be enforced for a period not to exceed the maximum county jail sentence that could be imposed.  In felony cases, probation may not exceed five years, unless the maximum sentence provided by law is more than five years, in which case probation may be enforced for a period not to exceed the maximum state prison sentence that could be imposed.

If an order setting aside the revocation of probation or judgment is made after expiration of the original probation period, the court may reinstate probation for the same period and with the same terms and conditions that could have been imposed immediately following conviction. The court may set the probation period without reference to the original probation term or time served under it.

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