Get helpful information about the requirements and rules of probation in California.
If you or a loved one has been sentenced to probation, it is essential that you understand all the requirements that will need to be fulfilled. This FAQ should help. If you don’t see your question answered here, Dan E. Chambers is available to assist with defense cases and probation violation hearings.
What’s the difference between formal and informal probation?
Formal probation is a stricter process than informal probation. If your crime was a felony, you will be put on formal probation, which requires you to register with your local Adult Probation Department and have regular meetings with a probation officer. Informal probation may be assigned for misdemeanor crimes. There is no official supervision for informal probation but you may have to return to court periodically to give updates on your progress.
What are the requirements for being on probation?
Certain crimes always carry specific conditions, such as a domestic violence conviction always requiring the completion of a batterer’s program. Beyond these types of requirements, judges have fairly wide discretion for setting the terms of probation. Some common requirements include:
- Paying fines or restitution to victims
- Completing community service
- Submitting to drug testing
In addition, probationers are expected to stay out of trouble and not violate any laws during the term of their probation.
What happens if I violate the terms of my probation?
If you violate the terms of your probation, you will be arrested pending a hearing. You may have to wait months for this hearing, which will be before a judge, not a jury. Depending on the circumstances you may have your probation terms made more strict or you may have your probation revoked entirely, in which case you will have to serve out your sentence behind bars.
What’s the difference between ISS and ESS probation?
ISS stands for imposition of sentence suspended, and ESS stands for execution of sentence suspended, the difference being whether or not the judge has already decided what your sentence will be. In ISS probation cases, violations are more likely to result in probation modification, while in ESS cases violations almost always lead to probation revocation.
Should I accept probation?
Probation can last 3 years or more in California, so in some cases simply doing the jail time would provide a faster resolution to the situation. It is important to realize that by accepting probation you forfeit some important rights including the right to a jury trial and the right to freedom from warrantless searches of your person, home, or vehicle.
Can I get my probation terminated early?
After 2 years, you can petition to have your probation terminated early if you can demonstrate that you have successfully complied with all the terms of probation.
