A term of monitoring over a person who has been convicted of a crime is known as probation. It is ordered by the court instead of incarceration or in addition to jail or prison time. While some people confuse the two, probation is not the same as parole, which comes after a person is released from prison.
Not everyone gets probation
Probation is not available to everyone convicted of a felony offense in California. According to California law, a person must be qualified for probation. Except in exceptional circumstances or where the interests of justice would be served by providing probation, those convicted of certain felonies are not eligible for probation.
Felony probation officers
A probation officer will be referred to a person who is eligible for probation. This officer will next look into the guilty person’s past criminal history and record, as well as the circumstances surrounding the incident. The officer will then make a written report to the court recommending whether probation should be granted or rejected, what restrictions should be placed on probation (if granted), and if restitution should be needed.
This report will be used by the judge as part of his or her decision-making process when deciding on a punishment. In certain circumstances, a probation officer is not engaged in the process because the prosecutor and a criminal lawyer arrange a plea deal and set a probation term.
Potential restrictions during felony probation
The court will impose a variety of restrictions if probation is granted. Payment of penalties, drug or alcohol treatment, anger management programs, and restitution are some of the options. A felony probationary period might last as long as the maximum potential jail sentence in the case. If the maximum punishment is less than five years, the probation period might also be shorter than five years (but no longer).
Consequences for not following the rules of felony probation
A person may be arrested if they do not follow the terms of their felony probation. This may necessitate serving the initial jail or prison sentence, or the court may impose extra jail time. Alternatively, as part of their felony probation, the court may compel the subject to comply with extra terms and conditions.
Those who have followed their probation and performed well may request that their probation period be reduced by their criminal lawyer. Based on their good compliance with probation thus far, a judge may agree to shorten or end their probation term.
If you have been charged with a felony offense, you will require the representation of an expert attorney throughout the process. Chambers Law Firm is experienced in all elements of the criminal justice system in California. We fight hard for our clients to ensure that they get the finest outcomes possible. To book a free first consultation, call 714-760-4088.
