What are and the differences of Misdemeanor, summary, informal, felong & formal probation?
California misdemeanor probation
is an alternative to jail. It allows low-risk offenders to serve most — or all — of their sentence under court supervision instead of behind bars.
Misdemeanor probation is sometimes referred to as “summary” or “informal” probation. This contrasts it with California “formal” (felony) probation.
Summary probation typically lasts for between one and three years in California (though it can last up to five). During that time, the defendant must comply with certain conditions – such as attending counseling, paying restitution, or performing community labor.
If a defendant fails to comply with these conditions, the judge has the right to revoke probation and send the offender to jail. ShouseLaw *
In California, felony probation —
also known as “formal probation” — is an alternative to prison. It allows someone convicted of a felony to serve all or part of his or her sentence in the community under supervision.
Felony probation typically lasts between three and five years. The probationer must report on a regular basis to a probation officer. Other conditions of probation can include paying victim restitution and doing some time in county jail.
If the probationer violates the conditions of felony probation, the judge can revoke probation and send the probationer to jail or prison for up to the maximum term. Shouse Law *
If you cannot make it to court at the scheduled time, JUST CALL your Attorney, Public Defender or the Court. If you do not show up – the Judge is often more upset about your not showing up, than whatever crime you were charged with in the first place. A bench warrant will then generally be issued and it is a waste of your time and the tax payers money!
Waiver of Rights for Probation Violation Hearing – Inyo County
California Penal Code – OF JUDGMENT AND EXECUTION – THE JUDGMENT §1191-1210.5
References & Links