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Felony Probation Violation
What it is?
Felony probation is a sentencing option that offers a defendant convicted of a felony conditional release as an alternative to incarceration in state prison.
What it is not?
It is not an alternate route to prosecution.
Probation happens after a conviction and during sentencing.
How does felony probation work?
When a defendant is convicted of a felony that may qualify for probation, before the sentencing hearing takes place, the court will refer the matter to a probation officer. The probation officer will investigate the circumstances surrounding the offense, the defendant’s prior history and the defendant’s criminal record. Based on these factors, the probation officer will evaluate the defendant’s eligibility for probation and write a report on his or her findings. The probation officer’s report will include the probation officer’s recommendation of whether to grant or deny probation. If the probation officer recommends granting probation, he or she will include in the report the recommended conditions and duration of probation that should be imposed by the court. The probation officer’s report will then be submitted to the court, the prosecutor, and the defense attorney for them to review the probation officer’s recommendations. At the time of the sentencing hearing, both the defense and prosecution will receive the opportunity to highlight the mitigating factors and aggravating circumstances listed on the probation officer’s report and the court will make a determination whether or not to grant the defendant probation. If probation is denied, the defendant will be incarcerated and a copy of the probation officer’s report will be sent to the Department of Corrections and Rehabilitation at the state prison. On the other hand, if probation is granted by the court, probation services will administer the specific conditions recommended by the probation officer and laid out by the judge to hold the defendant accountable. The defendant will be conditionally released on probation and receive either a suspension of the imposition of his or her sentence (ISS) or a suspension of the execution of his or her sentence (ESS) with an incarceration amount preset by the court in case probation gets revoked.
What does the probation officer’s investigation consist of?
The probation officer will investigate the circumstances surrounding the offense, looking at both the seriousness and criminal sophistication of the crime. The probation officer will also look to see if the defendant has a criminal record and go thru the defendant’s prior history to assess the defendant’s willingness and likelihood to comply with the probation officer’s recommended conditions of probation.
What are the conditions that must be met for felony probation?
A defendant who has been convicted of a felony and is granted probation by the court must have good conduct throughout his or her probation period. This means that the defendant must follow the law, report to the required monthly meetings with the probation officer, submit to drug testing and participate in treatment programs, if part of his or her probation conditions. The defendant will also complete community service, agree to go to counseling, comply with the required payment of restitution laid out by the judge, and agree to submit to searches of the defendant’s person or property, as directed by the search conditions of the defendant’s probation.
What is the time frame of felony probation?
The probation period for a felony offense can be anywhere from 3 to 5 years and may be reduced for good conduct.
What happens under ISS?
The consequences of probation depend on the type of suspension the defendant received at sentencing. If the defendant received ISS, then at the successful completion of his or her probation, the original sentence will not be imposed. However, if the defendant received ISS and violates his or her probation, then the court may modify probation and serve a sentence within the statutory maximums.
What happens under ESS?
The consequences of probation depend on the type of suspension the defendant received at the sentencing. If the defendant received ESS, then at the successful completion of his or her probation, the defendant will have a conviction of his or her record but no sentence will be executed. However, if the defendant received ESS and violates his or her probation, then the court may revoke probation and the defendant will have a conviction and serve the original sentence for this conviction.
Who should you contact about felony probation?
If you or someone you know is facing felony charges, know that you may qualify for probation as a sentencing option. At Monder Law Group, we are experienced attorneys who understand that sometimes what a defendant needs is an opportunity to rehabilitate. Felony probation provides defendant’s the chance to avoid incarceration and rehabilitate in the community but this option requires a complete understanding of the conditions that it imposes. You can count on Monder Law Group to assist you in making an informed decision. Our attorneys are knowledgable in probation and will take the time to explain to you both the options provided by felony probation and the consequences that may arise if you fail to meet these conditions.
If you have any questions about criminal felony probation violation, please feel free to contact SAN DIEGO CRIMINAL DEFENSE ATTORNEY VIK MONDER AT 619-405-0063 or visit SAN DIEGO CRIMINAL DEFENSE