Monder Law Group - News
Probation and the Law
Probation is often part of a criminal defendant’s California sentence. When probation is given, the individual is allowed to remain a member of the community after jail time (if any) has been successfully completed.
California probation laws differ according to the type of probation given, such as:
- Formal Probation (Supervised Probation)
- Informal Probation (Summary Probation)
Formal Probation (or Supervised Probation) requires the defendant to meet with an assigned probation officer on a regular basis (usually once a month).
Informal Probation (or Summary Probation) requires the defendant to complete certain terms of the sentence and stay out of trouble. Scheduled meetings with a probation officer are not necessary under summary or informal probation.
For all types of probation, the California criminal defendant’s sentence may include any or all of the following:
- Community service
- Physical labor
- Drug testing
- Jail time
Length of Probation
Normally, probation (formal and informal) lasts three years, but this could vary depending on the defendant’s circumstances. In some felony cases, formal probation can last for up to 5 years.
When Probation is Violated
Probation is no joking matter and should be taken seriously. The penalties for a probation violation depend on the severity of the violation. In some cases, a second chance may be given and the probation violation will not affect the terms or conditions of the probation.
As soon as a probation violation occurs, an arrest may follow shortly thereafter and/or the defendant may be ordered to court for a probation violation hearing. During the court hearing, the Prosecutor must prove the violation by more than 50% of the evidence, as opposed to ‘beyond a reasonable doubt’ which is necessary for a criminal trial.
There are several factors that the Judge and Prosecutor use when considering a probation violation. They include:
- The seriousness of the probation violation
- The nature of the probation violation
- The history of previous probation violations
- New criminal activity surrounding the probation violation
- Aggravating and mitigating circumstances of the probation violation
- The probation officer and/or probation department’s view of the probation violation
- The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term)
If you have any questions about California Probation contact San Diego Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense