Matthew J. Ruff Parole and Probation Law Blog on Lawyers.com

In California the law of probation violations is governed by the Penal Code.  A probation sentence is like a contract between the probationer and the Court, an agreement not to violate the terms of the sentence in exchange for no state prison.  A probationer is allowed a probation violation defense lawyer, notice of the allegations being made which trigger the violation and an opportunity to be heard, however the right to a jury is not contemplated within the statutory provisions.

Probation violation proceedings or revocations typically involve a two step approach.  The first of the two steps is that the prosecutorial agency or probation department makes a informed decision or determination that the individual has in fact violated the terms of his probation agreement.  Second, is the initiation of formal revocation hearing proceedings.  In many cases, the Court overseeing the probation may make a preliminary decision to revoke probation based on probable cause contained within the four corners of a police report or probation officer's declaration when the probationer is not already in custody. Once a person is in jail and taken before the Court, formal proceedings are instituted.   Certain minimal constitutional protections are given to a person under these circumstances such as the right to be advised of the basis of the revocation and the right to be heard concerning any possible defenses or rebuttal to the allegations set forth in the formal legal pleadings or probation officers declaration and official report being submitted to the Judge.