Misdemeanor Probation Violation Warrant – What Is It?

A misdemeanor probation violation warrant is a bench warrant for your arrest if you are on misdemeanor probation but violated one of the terms and conditions. The warrant is often issued after you fail to appear at an appointment with your probation officer. The warrant will generally lead to an arrest and a probation violation hearing.

What is a misdemeanor probation violation warrant?

Misdemeanor probation violation warrants are bench warrants that are issued by a judge or probation officer who thinks that you have violated a term of your supervised release. They instruct law enforcement to arrest you the next time they interact with you.

Because a violation of misdemeanor probation is often a relatively low-level offense that does not threaten public safety, police tend not to execute them actively. Police officers will rarely go searching for you. Instead, they will execute the warrant if they ever interact with you. This happens most often at a traffic stop.

California law

In California, criminal law draws a distinction between

• misdemeanor probation and
• felony probation.

The former is often called summary probation. Therefore, these types of warrants may be referred to as a summary probation violation warrant.¹

They are similar to an arrest warrant in that you will be arrested, once found. They are different in that they are originated by the judge or by an affidavit from the probation officer, rather than by law enforcement.

What is a violation of probation?

A violation of misdemeanor probation is anything that breaks the terms of your probation, as set out by the sentencing judge after a misdemeanor conviction.

The terms of probation depend on the nature of the offense and your criminal background. Common rules are:

• a prohibition against committing another criminal offense while on probation,
• regularly meeting with a probation officer or a judge for progress reports,
• refraining from drugs or alcohol,
• installing an ignition interlock device after a DUI conviction,
• complying with restraining or no-contact orders after a conviction for domestic violence,
• paying fines and court costs,
• paying restitution to the victim of the underlying offense,
• performing community service, and
• taking random drug tests.

Probation violation warrants

If the judge or probation officer has cause to believe that one of these rules has been violated by you, they will issue a misdemeanor probation violation warrant. A very common scenario that leads to a warrant being issued is when you miss a scheduled appointment with your probation officer or a required court date.

Types of probation violations

Some of these violations are relatively minor. These are technical violations.

Substantive violations are those that are serious, including those that amount to a new crime.

If the alleged violation involves another crime, you will face criminal charges in addition to the probation violation. The new criminal case will run alongside the probation violation case, and can lead to a new prison sentence.

Will the warrant trigger a probation violation hearing?

Yes. Once the warrant is executed and you are arrested, the judge will schedule a probation violation hearing. This may also be referred to as a probation revocation hearing, as one of the possible outcomes is for the judge to revoke probation and send you to prison.

If you have been arrested for violating a term of your supervised release, you may be able to be released on bail before the violation hearing. The judge often has discretion in whether to set bail. It is most likely to be allowed if:

• the alleged probation violation is relatively minor or for a technical violation,
• your underlying misdemeanor conviction was a first-time offense, or
• you have complied with the other terms and conditions of your release.

The hearing

At the hearing, the prosecutor will have the burden of showing that you violated the specific term of your supervised release. In California, the prosecutor has the burden of proof. They have to show that there was a violation by a preponderance of the evidence. This is a less stringent standard of proof than the one at a criminal trial, which requires proof beyond a reasonable doubt. Hearsay evidence is also permitted at these hearings.²

Because this makes it easier for prosecutors to prove their case, you should exercise your right to have a criminal defense lawyer at your side during this hearing.

What the judge can do

After considering the evidence, the judge may decide that:

• there was no violation after all, and you will be released to resume your term of supervised release, or
• probation was violated, and you will be sanctioned.

If the judge finds that there was a probation violation, they can:

• revoke probation and turn your probation sentence into prison time, potentially sending you to prison to serve the maximum sentence allowed for the underlying misdemeanor offense,
• modify the conditions of your probation to make them stricter, and release you on those conditions, or
• reinstate the original rules of probation and release you.

What are my options for responding to the warrant?

If you are on misdemeanor or summary probation and have broken one of its rules, you can:

• turn yourself in to the police or judge, or
• ignore the probation violation warrant that will have been issued.

(For more discussion, see our page on turning yourself in for a misdemeanor warrant.)

Ignoring the warrant

If you ignore the warrant, you will likely be arrested when you next interact with the police. You will then have to rely on the judge to set bail in order to be released for the probation violation hearing.

Because you are already being accused of violating the terms of your supervised release, the judge may be less likely to release you on bail. At the violation hearing, you are more likely to see your terms of probation tightened or even revoked. If they are revoked, your probation sentence will turn into a prison or jail sentence.

Voluntarily surrendering

By voluntarily surrendering, you can avoid creating the appearance that you committed the alleged violation of probation. You can also show that you are taking the terms of your release seriously.

By surrendering to the judge, rather than to the police or to your probation officer, you may be able to avoid the jail time that comes between the execution of the warrant and the judge’s decision to set bail.

The most important thing to do before making a decision is to discuss your situation with an experienced criminal defense attorney from a local law firm.

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