SAN BERNARDINO CRIMINAL DEFENSE · SINCE 1974
Probation Violations and Warrants in San Bernardino
A missed appointment, a new arrest, or a forgotten court date can put your probation or your freedom at risk. Understanding the process is the first step toward addressing it on your terms.
What a probation violation means.
Probation is a court order with conditions. An alleged violation usually falls into one of two groups:
- Technical violations, such as missing a probation appointment, failing a drug test, not completing a class, or leaving the county without permission.
- New-offense violations, where a new arrest or charge is alleged to show that probation was violated, whether or not the new case is prosecuted.
Under Penal Code § 1203.2, an officer with probable cause to believe you are violating probation may rearrest you without a warrant, or the court may issue a warrant. The court may then revoke probation if it has reason to believe a violation occurred and the interests of justice require it. Revocation, summary or otherwise, stops the clock on the probation period.
The law also sets limits. Probation may not be revoked solely for failing to pay restitution, fines, or fees unless the court finds the failure was willful and you had the ability to pay.
What the court can do, and how long probation can last.
A violation finding does not lead to one automatic result. Depending on the case, the court may reinstate probation on the same terms, modify the conditions, extend supervision where the law allows, or terminate probation and impose a sentence. If sentencing was originally suspended, the court may impose any term up to the maximum for the original offense. If a sentence was imposed and its execution suspended, the court may order that sentence into effect.
Since 2021, California law has limited the length of most probation terms. Under § 1203a, misdemeanor probation is generally capped at one year. Under § 1203.1, felony probation is generally capped at two years. Those limits do not apply to violent felonies listed in § 667.5(c) or to offenses whose own statutes specify a probation length, and certain theft and embezzlement felonies over $25,000 can carry up to three years. Whether these limits affect your case depends on the offense and when probation was granted.
Section 1203.3 also lets the court modify probation or end it early when the ends of justice are served and your conduct warrants it, after a hearing with notice to the prosecution.
| Code section | Why it matters |
|---|---|
| Penal Code § 1203.2 | Rearrest, revocation, and sentencing after a probation violation; revocation tolls the probation period; limits revocation for inability to pay. |
| Penal Code § 1203.3 | Court authority to modify probation or terminate it early, with a hearing and notice to the prosecution. |
| Penal Code § 1203.1 | Generally limits felony probation to two years, with exceptions for § 667.5(c) violent felonies and certain other offenses. |
| Penal Code § 1203a | Generally limits misdemeanor probation to one year, unless the offense specifies its own probation length. |
| Penal Code § 978.5 | Authorizes a bench warrant when a defendant fails to appear as required; the warrant may be served in any county. |
| Penal Code § 1320 | Makes willful failure to appear after own-recognizance release, to evade the court, a separate misdemeanor or felony. |
Bench warrants and outstanding warrants.
A bench warrant is issued by a judge, most often after a missed court date. Under Penal Code § 978.5, a bench warrant may issue when a defendant fails to appear as required, including after release on bail, own recognizance, or a signed citation. It can be served in any county, so it can surface during a traffic stop, at work, or at an airport.
Missing court can create a separate charge. Under § 1320, willfully failing to appear to evade the court after release on your own recognizance is a misdemeanor in a misdemeanor case and can be a felony in a felony case. A failure to appear within 14 days of the assigned date is presumed to be intended to evade the court, but that presumption can be addressed with evidence.
Clearing a warrant
Waiting rarely makes a warrant go away. Often the better approach is to have counsel review the case and, where appropriate, ask the court to recall the warrant and set a hearing, so that you appear voluntarily rather than after an arrest. Whether the court recalls a warrant, and on what terms, is up to the judge.
Handling it in San Bernardino County.
Probation violation proceedings are heard by the San Bernardino Superior Court, often in the courtroom that handled the original case. Many San Bernardino-area matters are heard at the San Bernardino Justice Center, 247 W 3rd St. A person arrested on a warrant may be booked at the Central Detention Center or the West Valley Detention Center. Check your paperwork or the San Bernardino Superior Court website for case information.
James M. Glick has practiced criminal defense since 1974 and handles about 99% of his cases in San Bernardino County. When you call, have your case number, the original sentencing terms, any probation officer letters, and the date of the missed appearance or alleged violation.
Common probation and warrant questions
Will I go to jail for a probation violation?
Not necessarily. After a violation is found, the court may reinstate probation, modify the terms, or revoke probation and impose a sentence. The outcome depends on the type of violation, your record on probation, the original offense, and the court's view of the circumstances. Preparing an explanation and supporting records before the hearing can matter.
Do I get a hearing on a probation violation?
Yes, a probation violation is decided at a hearing before a judge, not a jury. You can be represented by counsel, and the prosecution must present evidence of the alleged violation. A violation can be alleged even if a related new charge is never filed, so the violation hearing and any new case need to be considered together.
How do I find out if I have a warrant in San Bernardino County?
Warrant information may be available through the court or law enforcement, but checking in person can lead to arrest. An attorney can often look into the case status and discuss options with you first. If a warrant exists, counsel can evaluate whether to ask the court to recall it and set a date for you to appear.
Can a bench warrant be recalled without me being arrested?
In many cases the court can recall a bench warrant when the person appears, often through counsel filing a request and scheduling a hearing. The judge decides whether to recall the warrant and what conditions, if any, to set. No one can promise a particular result, but addressing a warrant voluntarily is generally viewed differently from being brought in on it.
Can my probation be shortened or ended early?
Penal Code § 1203.3 lets the court terminate probation early when the ends of justice are served and your conduct and reform warrant it. A hearing is required, and the prosecution receives notice. Separately, § 1203.1 and § 1203a generally limit probation to two years for felonies and one year for misdemeanors, with exceptions that depend on the offense.
Address it before it addresses you.
Tell the office about the alleged violation or warrant and any upcoming date. Call James M. Glick’s office at (909) 889-1446 to request a consultation.
Call the OfficeGeneral California legal information, reviewed 2026-10-18. The charge, facts, prior record, and law applicable to the case control the available defenses and remedies. Past results do not guarantee a similar outcome. Contacting the office does not establish an attorney-client relationship.