Long Beach, CA asked in Criminal Law for California

Q: I been charge wit 1203 PC wat is that charge

Related Topics:
1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: CA Penal Code 1203 – Probation and Probation Violations

1203.2 (a) At any time during the period of supervision of a person [subject to any form of probation or parole]… if any probation officer, parole officer, or peace officer has probable cause to believe that the supervised person is violating any term or condition of his or her supervision, the officer may, without warrant or other process and at any time until the final disposition of the case, rearrest the supervised person and bring him or her before the court or the court may, in its discretion, issue a warrant for his or her rearrest.

Penal Code 1203 is a massive section of California criminal law that lays down the rules for probation in criminal cases, including DUI cases. It covers every aspect of probation and parole, from defining them to limiting how the judge uses them. It also sets forth repercussions for those who violate the terms of their probation.

DUI probation is almost always “summary probation,” which means that you do not have a probation officer supervising you, and you do not have to to check in with an officer on any regular basis. Instead, you are given the terms of your probation it’s up to you to follow them on your own. Probation is also a vital tool in DUI cases, because a good DUI lawyer may be able to get the judge to waive your jail time as long as you fulfill your probation requirements.

Unfortunately, judges have a lot of discretion in what those probation terms are. Basically, as long as a requirement has some logical connection to your crime, they can order you to do it. That means you may have to attend alcohol or drug treatment, stop drinking altogether, or attend “scare programs” at the morgue to convince you not to drive under the influence again. This is in addition to the standard DUI probation terms which can include DUI school and an ignition interlock device among other things.

These requirements can be expensive, time consuming, and difficult to live up to, which means that many well-meaning DUI offenders end up breaking their probation

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.