violation of probation

Tiemann Defense – California DUI & Criminal Defense Attorney

Serving Fresno, Madera, Kings & Tulare Counties Call 559.481.4033

Office: 5150 N. Sixth Street, Ste 172-B, Fresno, CA 93710

Trusted Defense for DUI, Probation Violations, Mandatory Supervision, PRCS & Parole Violations

Facing a DUI, probation violation, mandatory supervision violation, Post-Release Community Supervision (PRCS) violation, or parole violation puts your freedom and future at serious risk. At Tiemann Defense, we provide aggressive, experienced defense representation throughout the Central Valley, including Fresno, Madera, Kings, and Tulare Counties. We protect your rights, challenge the evidence, and fight for the best possible outcome—inside and outside the courtroom.

Understanding Violations in California

California has several forms of supervision, each with its own rules and consequences. Allegations of a violation can result in jail time, stricter terms, or even state prison. Below are the main types of violations we defend.

1. Probation Violations

California probation allows individuals to remain out of custody under specific conditions. A violation occurs when someone allegedly fails to follow one of those terms.

Common Probation Terms

· Obey all laws

· Report to a probation officer

· Complete DUI school or other court-ordered classes

· Abstain from drugs/alcohol

· Submit to testing

· Pay fines and restitution

· Perform community service

· Attend treatment or counseling

· Install an IID for DUI offenses

Elements of a Probation Violation

To prove a violation, the prosecution must show:

1. You were on probation with specific terms

2. You allegedly violated a particular term

3. The violation was willful or negligent

The standard of proof is preponderance of the evidence, which is lower than “beyond a reasonable doubt.”

Defenses to Probation Violations

· The violation was not willful

· Insufficient or unreliable evidence

· False allegations or misunderstandings

· Administrative/probation office error

· New charges have not been proven

· Substantial compliance with conditions

· Need for treatment rather than punishment

Punishment for Probation Violations

Judges may:

· Reinstate probation as-is

· Modify or add terms

· Extend probation

· Order county jail time

· Revoke probation and impose a suspended sentence

2. Mandatory Supervision Violations (Penal Code § 1170(h)(5))

Mandatory supervision is part of a “split sentence” for certain felony convictions after Realignment. Individuals serve part of their time in county jail, followed by supervision similar to probation.

What Can Trigger a Mandatory Supervision Violation?

· Failure to report

· New criminal charges

· Positive drug/alcohol tests

· Failing classes, counseling, or treatment

· GPS/IID/TAD monitor violations

Consequences

If the judge finds a violation, they can:

· Reinstate supervision

· Add new terms

· Terminate supervision and order additional jail time

The outcome often depends on the strength of the defense and the circumstances of the alleged violation.

3. PRCS Violations (Post-Release Community Supervision)

PRCS supervision applies to many individuals released from state prison after the Public Safety Realignment Act.

Common PRCS Violation Allegations

· Missing appointments

· Dirty tests

· New arrests

· Failing treatment requirements

· GPS / electronic monitoring issues

· Violations of special conditions (stay-away orders, curfews, etc.)

Facing a PRCS “Flash Incarceration” or Revocation

Probation departments can impose:

· Flash incarceration (up to 10 days)

· Revocation of PRCS with up to 180 days in county jail

· Modified or extended supervision

A strong defense can often prevent the harshest outcomes or eliminate custody altogether.

4. Parole Violations (CDCR Parole)

Parole applies to individuals released from state prison who are still under CDCR supervision.

Types of Parole Violations

· Technical violations (missed check-ins, curfew violations)

· Positive drug/alcohol tests

· Failing treatment

· Associating with prohibited individuals

· New criminal charges

· GPS device tampering

Parole Violation Consequences

If the parole agent alleges a violation, you may face:

· Immediate arrest

· A probable cause hearing

· A formal revocation hearing

· Up to 180 days in county jail

· Additional conditions or treatment programs

With the right defense, many violations can be reduced or dismissed, or alternatives such as treatment or community programs can be secured.

How Tiemann Defense Protects You

Whether you’re accused of a probation, mandatory supervision, PRCS, or parole violation, we help by:

Challenging Weak Evidence

We investigate every detail, challenge unreliable reports, and expose unproven allegations.

Arguing for Reinstatement Rather Than Custody

Our goal is always the least restrictive outcome—rehabilitation, treatment, or reinstatement.

Local Court Experience

We regularly defend cases in Fresno, Madera, Kings, and Tulare Counties, giving us insight into how local judges, probation officers, and DA’s offices handle violations.

Defending You Against New Criminal Allegations

Many violations stem from new arrests. We handle the underlying case and the violation together for a unified strategy.

Protecting Your Freedom and Future

Violations can lead to jail or prison time, employment issues, and long-term consequences. We fight to protect your record and your rights.

Contact Tiemann Defense Today

If you’re facing a DUI, probation violation, mandatory supervision violation, PRCS violation, or parole violation, you need an experienced defense attorney immediately. Let us stand between you and the consequences.

Call 559.481.4033 5150 N. Sixth Street, Ste 172-B, Fresno, CA 93710