Probation falls into two broad categories: misdemeanor probation, also known as summary or informal probation; and felony probation, also known as formal probation.
If a person pleads no contest, or is found guilty at trial, to a misdemeanor offense, the judge is given the responsibility of setting the terms of sentencing. These terms can include jail time, fines, and other requirements that fall under the general heading of probation.
Typical misdemeanor probation terms include counseling, community service, work project, and restitution, but can also include requirements to abstain from use of alcohol, maintain a clean criminal record, or stay away from certain persons or locations. Generally, misdemeanor probation lasts one to three years, though in some cases it can extend to five years. Probation terminates at the end of the mandated period if all the requirements have been met.
What makes misdemeanor probation different than felony probation is that misdemeanor probation typically does not require the convicted person to report to a probation officer or appear in court on a regular basis. The convicted person is given the responsibility to abide by the probation terms.
Thus, there are problems only when the probation requirements are violated. Typical examples include failure to pay restitution, failure to enroll in or complete community service or counseling, possession of weapons or illegal drugs, or arrest for a new crime.
In some instances of probation violation, the court attempts to notify the defendant by sending a notice through the mail indicating that a probation hearing has been scheduled. In other cases, though, an arrest warrant is issued.
Probation violations can have serious consequences, including the imposition of harsher probation terms or even time in county jail. If you are facing charges of a probation violation in Sacramento, Yolo, or Placer counties, contact an experienced defense attorney.
