When you are convicted of a criminal offense you can be issued a variety of penalties like fines, community service, jail time, and more life-changing and severe consequences. Probation is one of the most common sentencing options in California, especially for first-time offenders or those convicted of non-violent crimes. Understanding how probation works is imperative if you are facing legal charges in California. Reach out to a Red Bluff criminal lawyer for more information on probation and your options during your case.
What is Probation?
Probation is a sentencing alternative to imprisonment after a criminal conviction. It is a legal process where a defendant convicted of a crime is allowed to remain free and in their community while under supervision instead of serving time in jail or prison.
Probation is designed to provide individuals with an opportunity for rehabilitation while still holding them accountable for their actions. California state law recognizes two main types of probation: formal and informal.
- Formal probation: Formal or felony probation is generally issued to individuals who have committed a more serious crime or who have a prior criminal record. People on formal probation are supervised by a probation officer and are required to comply with strict terms and conditions.
- Informal probation: Informal probation, also known as summary or misdemeanor probation, is typically given to those convicted of misdemeanors or who do not have a history of criminal behavior. There is typically no probation officer involved but the individual must still abide by the terms set by the court. This type of probation is generally less restrictive.
How Does Probation Work in California?
Probation is a way for criminal defendants to serve their sentence out in public among their friends and family. When a person is sentenced to probation in California, the court will outline the conditions they must adhere to during their sentence. Common conditions include the following.
- Regular check-ins with a probation officer
- Substance abuse treatment or counseling
- Mandatory community service
- Fines
- Restitution
- Travel restrictions
- Obeying all laws
- Maintaining employment or staying in school
The specific conditions of your probation will vary depending on the offense you were convicted of and the damages resulting from your crime. Probation can last anywhere from a few months to several years depending on the severity of your offense.
What if I Violate Probation?
Probation is a privilege afforded to certain individuals, not a right. Violating the terms of probation can have serious consequences. Common probation violations include failing to meet with the probation officer, being caught committing a new crime, failing a drug or alcohol test, and missing required counseling or community service.
If you violate probation your probation officer could request a hearing where a judge will evaluate the details of your probation and violation before determining what action to take. Your probation could be extended, you could have stricter terms added, or your probation could even be revoked and you could be sent to jail.
For more information on probation and your legal rights, contact a skilled criminal defense attorney today.
