Misdemeanor probation is a court-supervised criminal sentence that allows defendants to serve time out of jail after a misdemeanor conviction. Mostly, probation is an alternative to jail time, but you may still have to spend a portion of your sentence in jail. Informal probation is one of the most commonly used punishments in the legal system for individuals facing charges for minor offenses.

Although misdemeanor probation is one of the ways of avoiding jail time, not all defendants facing misdemeanor convictions are eligible for probation. When sentencing a criminal defendant, the court is keen on the safety of people in the community. Therefore, the judge will consider your risk to the community before sentencing you to probation. 

If you or your loved one faces misdemeanor charges and want to avoid the jail sentence through probation, you will require legal guidance from a competent criminal defense attorney. Your Los Angeles criminal attorney can help convince the court to offer you probation instead of a jail sentence.

Overview of Misdemeanor Probation in California

Probation is a court-supervised criminal sentence that allows low-risk defendants to serve their sentence out of jail. In California, most defendants who face a misdemeanor conviction are placed on informal probation for a specific time. Also, summary probation is often imposed on juvenile offenders and is designed to rehabilitate the offender while still restoring the victim of the misdemeanor offense.

Sometimes, a repeat offender may be eligible for probation if not a risk to the community. Therefore, if there is overwhelming evidence in your misdemeanor case and a conviction is inevitable, a competent attorney can help you avoid jail time through probation. When a judge orders probation as part of your sentence, you may spend part of the entire sentence out of jail.

Although informal probation is a desirable outcome where you cannot avoid a conviction, the court imposes strict terms and conditions that you must obey while on probation. In addition, violation of one or multiple probations can attract serious legal consequences.

Should I Accept Probation?

Many people think that you must accept probation when offered by the court, and others assume that probation is always the best option. However, probation is not the right cause for all defendants. Sometimes, the strict conditions of probation can affect your life more than serving your time behind bars. If you believe it is difficult to obey the probation conditions and may end with a violation, you can decline the probation. Before you decide to accept or reject probation, it is wise to discuss the options with your attorney.

Terms and Conditions of Informal Probation

When a judge imposes informal probation as an alternative to jail time, they have the discretion to craft probation terms. In California, terms and conditions of probation must be fitting to ensure that justice is served and reasonable based on the nature of your crime. Some of the conditions for summary probation include:

  1. Pay fines, court fees, and Victim Restitution. Sometimes, a misdemeanor conviction will result in a jail sentence, probation, and fines. Even when the court allows you to serve probation instead of jail time, you may need to pay all the court fines. In addition, if you committed a loss that resulted in economic losses for the victim, you might also need to compensate them. California law allows victims of crimes to recover the full amount for reasonable losses. Therefore, failure to pay court fines and restitution is treated as a probation violation.
  2. Complete treatments like anger management. If you face a conviction for a violent crime, you may be required to attend treatment programs. Some of the programs that are part of probation include drug and alcohol counseling programs and anger management. In addition, you can attend individual treatment or group therapy.
  3. Seek gainful employment. One of the aims of imposing probation is to allow you to serve your sentence outside and move on with your life. While out on probation, the court expects that you lead a meaningful life. Therefore, one of the conditions of misdemeanor probation is that you must seek and maintain gainful employment throughout the probation period. If you change jobs, you must inform the court. If other probation conditions make it difficult for you to secure a job, you can petition the court for a modification.
  4. Be subject to a protective order. When you face a conviction for violent crimes such as domestic violence, the court may be reluctant to sentence you to probation. However, if you end up with this sentence, the court can issue a restraining order against you. The restraining order aims to protect the alleged victim of your crimes and prevent you from making physical contact with them. A protective order dictates the terms of conduct that the defendant must follow while on probation. For example, making phone calls, threatening, or assaulting the protected party is a probation violation that could prompt an arrest.
  5. Abstain from alcohol and drug abuse. If you are convicted for driving under the influence of alcohol or other drugs, the court may order that you abstain from drugs or alcohol while on probation. Also, the court will impose a BAC restriction which you cannot exceed while driving. In California, you have the right to refuse a blood or Breathalyzer test. However, while on probation, you must submit to the breath and blood tests during DUI stops or after involvement in an accident.
  6. Attend all court dates. Misdemeanor probation is not subject to supervision by a probation officer. If you are sentenced to this kind of probation, you will need to make regular appearances in court to report your progress. If you fail to appear on the set dates, you face apprehension for violation of probation.
  7. Install an Ignition interlock device. An ignition interlock device is a miniature DUI breath test instrument installed on the dashboard of a vehicle. The IID works to check the alcohol content of a driver before they operate their vehicles. If you face a conviction for a DUI-related offense and are sentenced to probation, the court may require that you install the device on your vehicle. Unless you provide an alcohol-free sample, your car will not start. Installation of an IID ensures that defendants on probation for DUI avoid drunk driving.
  8. Avoid criminal activity. Probation is one of the best outcomes when you are convicted of a criminal offense. However, while on probation, the court requires that you refrain from committing other crimes. Therefore, you could face severe legal consequences if you are arrested for violating the law while on misdemeanor probation.
  9. Random drug testing. As part of your probation terms, you must consent to random drug and alcohol testing. Therefore, when you show up for a scheduled court date, you may be required to submit to the drug testing. Failing a drug test while on probation is treated as a violation.

Violation of Informal Probation

If you fail to comply with the conditions of your misdemeanor probation, the court may hold a revocation hearing. At the hearing, you have the opportunity to deny or explain the violation allegations. Some of the common probation violations that could prompt a revocation hearing include:

  • Committing a crime while on probation.
  • Failure to submit to blood and breath tests when you are arrested on suspicion of DUI.
  • Failure to attend drug and alcohol treatment programs.
  • Driving with a measurable BAC. 

At the probation hearing, you have the opportunity to present evidence proving that you did not violate probation, and if you did, the violation was minor. If there is no sufficient evidence to prove a violation, you will remain on probation, and your conditions remain the same. However, if the judge believes that you did violate probation, they may take any of the following actions:

  • Reinstate your probationary sentence on the same terms and conditions as the first time.
  • Modify your probation and impose stricter conditions.
  • Revoke your probation and reinstate the jail sentence. If you violate probation and the violation involves a criminal offense, you could face additional charges.

Early Termination and Modification of Probation

For misdemeanor probation, the court can impose a probation sentence instead of or together with incarceration. When the judge hands your sentence, they will order that you follow all the probation terms, which vary from one case to another. However, you can request the court to modify the terms of your probation within the probation period. Also, the court has the authority to terminate your probation earlier than the set period.

Sometimes, a modification of probation is not in your favor and may be initiated by the judge when you violate the conditions. Some forms of probation modification that follow a probation violation may include an extended probation period and an increase in the time you must spend in jail.

If you are seeking less strict probation, your attorney can help you file a motion for modification. Some of the rules that govern a probation modification hearing may include:

  • The prosecution must receive five days' written notice from the court before they modify your probation terms. The prosecution has the right to voice their opinion, and in most cases, they will oppose the matter.
  • The judge must indicate reasons for the modification. For example, defendants seek a modification of probation to receive less strict conditions. 
  • The court cannot modify probation unless their intentions to accept your petition are presented to the probation officer.

If you demonstrate good conduct and positive rehabilitation while on probation, you may be eligible for a modification. Also, if a change of circumstances qualifies for a good cause, the court may accept the petition to modify your probation. However, it is crucial to understand that an adjustment of probation cannot be based on the safety factors that prompted the sentence. When there is good reason, the judge can modify your probation in the following ways:

  • Convert jail time to home confinement.
  • Convert fines to community service.
  • Allow enrollment in an alcohol education program.
  • Lift of travel restrictions.
  • Reduce certain terms so you can easily obtain employment.

If it is in the interests of justice, the court can also terminate your probation. When you are discharged from probation, the judge may set aside the guilty verdict in your case. However, termination of probation obligations requires you to show effective changes in your life, including reform. Probation is a heavy burden for you and your family. Therefore, petitioning the court to modify or terminate the sentence would be a great relief.

What Differentiates Misdemeanor Probation from Felony Probation?

Misdemeanor probation is an alternative sentence offered to defendants facing a conviction for misdemeanor violations. If you face a felony conviction, you may also be eligible for probation, but felony probation differs significantly from informal probation in the following ways:

Eligibility for Probation

Most people who face convictions for misdemeanors are eligible for probation. Offering misdemeanor probation aims to ensure public safety, rehabilitate the offender, and restore victims. Therefore, most first-time and juvenile offenders receive probation instead of jail time. Felony probation, on the other hand, is not available for all offenders. 

Since felony offenses are often very serious, the judge may consider the following factors before sentencing a defendant to formal probation:

  • The nature severity of your crimes.
  • The victim's character.
  • The defendant's attitude towards probation.
  • The defendant's criminal history.
  • The degree of loss suffered by the victims.

Period of Probation

Both misdemeanor and felony probation are used as an alternative to incarceration. However, the amount of time you have to spend on probation for each is different. Misdemeanor probation often lasts between one to three years. While on probation, the court may require that you pay fines, restitution, and attend counseling.

On the other hand, felony probation may last up to five years, and you have to adhere to more strict rams and conditions.

Use of Probation Officers

If you are sentenced to misdemeanor probation, you will need to report directly to the court. When imposing a probation sentence, the court does not request a probation report. During your reports to the court, the judge will review your conviction to check for any criminal conduct. Also, you can discuss the problems you face while on probation. Failure to report your progress to the court will be considered a violation of your probation.

Defendants placed on felony probation must meet the probation officer regularly. The probation officer has the responsibility to find out the defendant's address bad place of employment. Also, they must report any violation of probation terms and conditions to the court. Before imposing formal probation in California, the judge will review a report from the probation department. The probation officers assess a defendant's eligibility and recommend the course of action to the court.

Travel Restrictions

While on informal probation, the court will not impose travel restrictions. However, while you remain obligated to other conditions of your probation, it may be challenging to travel out of state. Before you decide to travel during the probation period, it would be wise to consult your criminal defense attorney to avoid committing a violation.

On the other hand, felony probation involves travel restrictions. If the probationer wants to travel or move, they must seek approval from the court. Also, they must involve the probation officer.

How does Misdemeanor Probation Affect Expungement of My Criminal Record?

Misdemeanor probation is part of the legal penalties that accompany misdemeanor convictions in California. Therefore, if you commit a crime and serve probation, the conviction may still negatively impact your life. In addition, potential employers often do a background check on potential employees and may use the conviction to deny you a job position.

Whether you are sentenced to probation or a combination of probation and jail time, successful completion of probation is one of the requirements for expunging the conviction. Expungement of a criminal record will offer you relief from the consequences of the conviction.

Successful completion of probation as required for this type of relief involves that you follow all the terms and conditions set by the court during sentencing. Some of the probation terms that you need to comply with before applying to expunge your record include payment of fines, victim restitution, and avoiding criminal conduct while on probation. 

Find a Criminal Defense Attorney Near Me

In California, misdemeanor probation is a sentence that allows low-risk criminal offenders to serve their misdemeanor sentences out of jail. Misdemeanor or summary probation lasts from one to three years, and you will not be required to check in with the probation officer.

While probation is preferable to incarceration, it comes with some restrictions. In California, the terms of probation vary significantly based on the circumstances of your case. They can include drug and alcohol counseling, avoiding criminal conduct while on probation, and random drug testing, among others. If you fail to comply with the terms and conditions of probation, the judge may revoke your probation and reinstate the jail sentence.

Legal guidance and representation are crucial when you face misdemeanor charges. At The LA Criminal Defense Law Firm, we will help you fight aggressively to dismiss your charges. However, if the evidence against you is overwhelming and a conviction is inevitable, we can negotiate a plea deal that includes probation. Call us today at 310-935-1675 if seeking legal representation in Los Angeles, CA, to discuss the details of your case.