March 30, 2009 By Wallin & Klarich

What If My Probation Is Revoked? What Do I Do If I Have A Probation Hearing Coming Up? Do I hire a Criminal Defense Attorney?

If you are facing a probation revocation hearing in California, it is important that you hire a private attorney immediately. The possible consequences you face are serious, and you need the support of an experienced, professional criminal defense firm.

In a probation revocation hearing, the prosecution need only show “by a preponderance of the evidence” that you violated your probation. This is not the same as a criminal case where the prosecution must prove their case beyond a reasonable doubt.

You also do not have the same rights at probation revocation hearings as you would in a normal criminal trial. In fact, according to a recent court opinion, you may not even have the right to confront witnesses against you for spontaneous statements, or those made while the declarant (i.e., the person who made the statement) was under the stress of excitement caused by such perception. In that case, People v. Stanphill, the court held that those spontaneous statements may be used against a defendant in a probation revocation hearing without having that declarant available to be cross-examined, and that this does not violate due process.

It imperative that you retain an experienced California criminal law firm who is aware of all of these due process issues and who will be fully and adequately prepared for the probation revocation hearing. The attorneys at Wallin & Klarich have over 30 years of experience in probation revocation hearings as well as other criminal defense matters, and they can aggressively and effectively represent you in court to get your case resolved to your satisfaction.

For a consultation to discuss your offense or hearing please call us at (888) 280-6839. Our staff of attorneys are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at for more information.

Contact Us
  •   17592 Irvine Blvd,
      Tustin, CA 92780
  •   (714) 730-5300
  •   (888) 280-6839
SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 Wallin & Klarich - All rights reserved

California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.