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What Are the Different Types of Probation?
Knowing about the different types of probation is the first step in getting familiar with the probation portion of criminal law in California. Only once you understand how types of probation vary can you get into the details of what deferred probation is and how specific conditions can affect your probation.
Also, AB 1950 is going to become active soon, and you should learn more about the changes it brings to the probation law. However, before contacting an expungement attorney in San Diego, let’s first see about the five different types of probation.
What are the five types of probation?
The term probation is often used as a general term to describe individuals placed on one of the five main types of probation due to a crime they have been accused and sentenced of committing. However, it is important to distinguish between five different types of probation:
- Informal probation: Informal probation, otherwise known as unsupervised probation, is a common type of probation that is mainly and commonly assigned to low-risk offenders.
It involves an individual paying their fines and creating an agreement with the court about not committing additional crimes during their probation period. Unsupervised probation period usually lasts for twelve to eighteen months.
- Formal probation: Formal probation is also known as supervised probation. It is a more stringent form of probation and it involves the offender having to report to their probation officer on a regular basis prescribed by the court.
Formal probation often has strict requirements, and failure to meet them will result in immediate incarceration. There requirements include:
- Attending counselling
- Submitting to alcohol or drug checks
- Making restitution payments to victims
- Maintaining gainful employment
- Community control: This is the strictest type of probation. Many individuals perceive community control as a jail sentence, but without actually going to jail. This probation involves the use of ankle monitors for the entire duration of the probation period.
An ankle monitor allows monitoring of the offender’s location at any given time. What’s more, all other probation requirements als apply, such as paying fines, maintaining employment, and attending counseling.
- Shock probation: Shock probation involves an individual being sentenced to the maximum jail or prison sentence that the law allows for the offense in question. Then, after a short period of usually thirty days, the judge will bring the offender back to and place them on a standardized supervised probation.
The logic behind shocked probation is that brief prison or jail stay will make the offender better comply with the probation regulations.
- Crime-specific probation: This type of probation requires an offender to undergo specific probation terms that pertain to the crime they committed. This can include mandatory drug tests and counselling for drug-related offenses, or placement in a public registry for sex offenders.
What is the difference between formal and informal probation?
The main difference between a formal and an informal probation procedure is that formal probation requires supervision on behalf of the probation officer, while informal probation requires no such supervision.
That is why formal probation is associated with more serious offenders, while informal probation is assigned to low-risk offenders usually found guilty of misdemeanors. On the other hand, formal probation is assigned to felony offenders.
Who is the most experienced expungement attorney in San Diego?
If you’re having difficulties distinguishing the differences between the five main types of probation, you should always try to find professional legal assistance to understand the distinctions. If you’re ever in legal trouble and you need help with any part of the criminal process, know that you can always depend on the Monder Criminal Lawyer Group.
Vik Monder is an educated and experienced criminal attorney who is able to help you with all the aspects of your criminal case. He has assembled a team of qualified and knowledgeable lawyers who work in unison for all clients. We are here for you, located conveniently near the San Diego City College. Reach out to us today!