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Misdemeanor Probation Violation
What it is??
Misdemeanor probation is a sentencing option that offers non-violent offenders convicted of a misdemeanor conditional release as an alternative to serving time in county jail.
What it is not?
It is not an alternate route to prosecution.
Probation happens after a conviction and during sentencing.
How does misdemeanor probation work?
When a defendant is convicted of a misdemeanor that is eligible for probation, the court can make the determination or the prosecutor and defense attorney can come to an agreement about the conditions and duration of probation. Probation services will not be responsible for administering the specific conditions. The court will only refer the matter to a probation officer if the misdemeanor is a sex offense. In which case the probation officer will investigate the circumstances surrounding the sex 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 and the conditions and duration of probation that should be imposed by the court. If probation is denied by the court, the judge will sentence the defendant to serve time in county jail and impose a fine. However, if probation is granted by the court, the defendant will be conditionally released on probation without the supervision of a probation officer. At the defendant’s sentencing hearing, the defendant will 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 the defendant violates the terms of probation and it gets revoked. From that point forth the defendant will be required to appear before the court periodically to monitor the defendant’s progress.
What are the conditions that must be met for misdemeanor probation?
A defendant who has been convicted of a misdemeanor 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 judge for his progress reports and comply with the required payment of restitution laid out by the judge. The defendant may be required as part of their conditional release to agree to electronic monitoring by wearing a scram ignition interlock device. The defendant could also be required to attend therapy, counseling, or treatment programs. Depending on the offense, the defendant could be asked to submit to drug testing and abstain from alcohol or drugs as part of his or her probation conditions or may be served with a restraining order and have to pay victim restitution. The defendant will also have to complete community service, obtain employment and/or education depending on the defendant’s needs.
What is the time frame of misdemeanor probation?
The probation period for a misdemeanor offense can be anywhere from 6 months 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 impose a sentence within the statutory maximums for the offense the defendant was convicted.
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 that was already imposed by the judge for this conviction.
Who should you contact about misdemeanor probation?
Everybody makes mistakes, yet even the most minor mistakes can have harsh consequences. A misdemeanor is a less serious offense but nonetheless a serious matter that will be tried in a formal court proceeding. If you or a loved one has been charged with a misdemeanor you should contact an attorney that will thoroughly review your case and explain to you your options. Even if you have already been convicted of a misdemeanor and are awaiting sentencing, it is not too late, serving time in county jail does not have to be a consequence. You do not necessarily need to give up your liberty, there are other sentencing options available to you. At Monder Law Group, we will fight zealously for our clients and if you are required to serve time, our experienced attorneys will work with the prosecutor and the court to obtain probation for your misdemeanor instead of time in county jail.
If you have any questions about a misdemeanor probation violation, please contact San Diego Criminal Defense Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense
