Attorney Kirk Tarman Discusses Whether A Probation Or Parole Violation Is Just A Punishment Enhancement!
Is a probation violation a sentencing enhancement? Largely yes, says San Bernardino attorney Kirk Tarman. On a felony probation violation, proven by a preponderance of evidence, a judge can impose up to the maximum term—often 16 months, two, or three years, with two as the presumed middle term. Any new charge is separate and can be stacked on top.
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Answered by Kirk Tarman · San Bernardino County, CA
Highlights
Frequently Asked Questions
Is a probation violation a sentencing enhancement?
Largely yes. On a felony probation violation, proven by a preponderance of evidence, a judge can impose up to the maximum term.
What proof is needed for a violation?
Only a preponderance of the evidence—a lower standard than a criminal conviction—so violations are easier to establish, and any new charge stacks separately.
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