Probation Violations in California

If a probation, parole or peace officer has probable cause to believe a person on probation, mandatory supervision or postrelease community supervision is violating a condition, the officer may rearrest the person without a warrant, or the court may issue a warrant. The court (on its own motion), the probation officer, the district attorney or the supervised person can ask the court to modify, revoke or terminate supervision, and a supervising agency can use the Judicial Council's Petition for Revocation (form CR-300); the court in the county where the person is supervised hears it. The court may revoke supervision if the interests of justice require and it has reason to believe the person violated a condition or committed new offenses, but supervision may not be revoked solely for failing to pay restitution, fines or fees unless the person willfully failed to pay and was able to. On a violation the judge may make any disposition authorized by statute and, in deciding whether to permanently revoke, may consider the nature of the violation and the person's past performance on supervision. If supervision is revoked and the judge sends the person to prison or county jail, a previously suspended imposition of sentence is decided based on circumstances when supervision was granted, and a previously suspended execution of sentence is ordered into effect.

California's rule on court-appointed lawyers: At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer. California Courts Self-Help Guide, 'The arraignment'

Lawyers set their own fees, and California has rules on how they may charge. See hiring a criminal defense lawyer in California for fee rules, how to check a lawyer's license and free help.

How release before trial works in California: Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance. Cal. Const. art. I, § 12; Cal. Penal Code §§ 1269b, 1270.1, 1270.5, 1275; Santa Clara County Superior Court 2026 Criminal Bail Schedule; California Courts Self-Help Guide What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See California expungement and record sealing rules.