According to California law, probation is a form of punishment where an individual serves their sentence under supervision. This is either in addition to incarceration or in lieu of it.
The felony and misdemeanor convictions are normally eligible for a probation sentence. However there are some exceptions.
Felony probation and misdemeanor probation are both structured in a different manner. One thing that they have in common is that they both have conditions and terms that are strictly enforced. In the event that either the terms or conditions of probation are violated, it could lead to a probation violation hearing.
This is usually imposed in the event that an individual is convicted of a misdemeanor. It is otherwise known as summary probation. Normally it will last up to three years, but in some instances it could last for as long as five.
While serving this type of probation you will not have to report to a probation officer. Probation officers are only assigned to convicted felons. Instead, you will be expected to make occasional appearances in court in order for the judge to review your case and determine if you are meeting all the conditions of your probation.
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Felony probation is otherwise known as formal probation and may be imposed for a term of up to five years. It shares many similarities to misdemeanor probation, but there are several distinctive differences.
One of the major distinguishing features that differentiate felony probation from misdemeanor probation is that you will be required to report to a probation officer. It is normally required that you report to a probation officer once in a month.
However, the judge may decide to either increase or reduce the frequency of those visits. Failing to see your probation officer may result in a probation violation. From time to time your probation officer might come to visit your home in order to ensure that you do not have any illegal drugs or weapons in your possession.
Probation Violation Hearings
Some of the most common reasons for probation violation hearings include:
- failure to appear for a court date
- failure to pay restitution or a fine
- failure to report to your probation officer
- refusing to comply with a court order
- committing a new offense
- failing or refusing to submit to a drug test
Know Your Rights
Here is a list of some of the rights you are entitled to during a probation revocation hearing.
- you have the right to an attorney
- you have the right to call witnesses, and may use the subpoena power of the court to compel individuals to come forward and testify
- you have the right to testify
- you have the right to demonstrate any extenuating circumstances that caused you to violate the terms of your probation
Our downtown LA law firm team of attorneys will push hard to make sure that the court does not find you guilty of having violated the terms and conditions of your probation. In addition, we will leave no stone unturned in gathering information that could serve as evidence of extenuating circumstances that led you to allegedly violate the terms of your probation.
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