New California Probation Laws
As a part of sweeping reforms to the state criminal justice system, California enacted new probation laws that began on January 1, 2021. The new regulations affect both future sentences and people who are currently serving probation. That means that if you are now on probation in California, you should consult with a knowledgeable criminal defense attorney to see how the legal changes affect your case. Whether you are on misdemeanor or felony probation, you may be able to have your sentence reduced or even eliminated.
New Misdemeanor Probation Laws
The first significant change under California’s new probation laws applies to misdemeanor sentences. Previously, if a judge ordered you to serve misdemeanor probation (also known as summary probation), the sentence could last up to five years. During the time you were on probation, you had to avoid any legal trouble out of fear you could have your probation revoked. If you had even a minor scuffle with the law, you had to worry about ending up behind bars.
Now, under the new probation laws, the term of most misdemeanor probation sentences is cut to 12 months. Your need to comply with the court’s probation terms, which include regular check-ins with a probation office as well as possible drug or alcohol monitoring, but you the changes could lead to a much shorter sentence.
There are two exceptions to the reduction in the duration of misdemeanor probation sentences. These are:
- DUI probation
- Domestic violence cases
California law still allows a probationary term of three to five years for these convictions. That does not mean your probation will last that long, only that it is an option for judges.
Most Felony Probation Reduced to 2 Years
Like misdemeanor probation, California’s new laws affect the length of felony (formal) probation sentences. Previously, felony probation could last up to five full years. While serving your term, your probation officer would be a constant presence in your life, and the threat of returning to prison would be hanging over your head.
Now, California has capped most felony probations at a length of two years (24 months). There are important exceptions to the reduced probationary terms. The exceptions include:
- Violent felonies
- Convictions for theft of goods, services, or value over $25,000
- Crimes where probation is required to exceed two years by law.
For these felony convictions, the court can still mandate that your probation last longer than two years.
Current Probation Eligible for Termination
Because one of the justifications for reworking California’s probation laws is remedying injustice, the new changes also apply to people currently serving probation. Lengthy probationary periods were disproportionately applied to minorities or members of vulnerable communities. That does not mean that every person serving a long probation sentence was a minority, just that the impact was more often felt by these communities.
Under the new reforms, if you are on misdemeanor or felony probation in California, you may be eligible to have your sentence reduced or even terminated. For example, if you are one year into a five-year misdemeanor probation sentence, a judge has the power to eliminate the remainder of your term. However, if you are 12-months into formal probation, the court may reduce your sentence from five years to two. This means that your probation would end three years earlier than it would have without the legislative changes.
It’s important to note that you need to petition for any reduction or elimination of your probation. It will not be granted unless you ask for it, so you should contact an experienced defense lawyer as soon as possible to explore your options.
If you are serving probation in Orange County, California, and want to know if you are eligible for an altered sentence, contact Chambers Law Firm. You can reach us to schedule a free consultation at 714-760-4088 or dchambers@clfca.com.
