You'll be Free Only If you Follow The Rules
Probation is conditional release of a defendant into the community by suspension of his/her sentence.
The 2-types of probation are
Formal Probation-the defendant is supervised and directed by the probation officer
Informal Probation- the defendant is not supervised by the probation officer but instead he/she reports to the court.
Before releasing the defendant to the community, the court per (Pen. Code, §1201.7.) will evaluate
1. the safety of the public
2. the nature of the offense
3. the interest of justice
4. the loss to the victim
5. the needs of the defendant
Misdemeanor and most Felony convicted defendants, except violent crimes, are eligible for probation. Probation can include jail in county jail prior to the conditional release, a fine or both
New 2020 Bill
The new 2021 bill limits most Misdemeanor offenses probation to 1-year probation (was up to 3 years)
And for Nonviolent Felony offenses the bill limits the probation to 2-years (was up to 3 years), it does not apply to Misdemeanor and Felony offenses with specified probation term in statue
Under Penal Code 17(b)-
Once your probation is successfully completed you may be able to petition the court to reduce your conviction from a felony to misdemeanor. If you have a pending case or on probation and you have been pulled over or arrested will be a reason for the DA's office to file a misdemeanor as Felony.
Probation Violation occurs when one flees to avoid prosecution, or to avoid custody or confinement after conviction, or Violates a condition of probation or parole imposed under Federal or State law, our criminal Justice system does not take the violation lightly.
Probation Violation- My client is free to resume his life because I got his Probation Reinstated.
Felony charges of premeditated theft at a high end department store by a teenager reduced to No Jail Misdemeanor with 6 months probation, the case will be dismissed and record sealed for good at the end of six months .
I had Felony charges of premeditated burglary with property damage of a construction site by couple of kids to No Jail Time Misdemeanor probation, at the end of the probation I will have the case expunged and record sealed.
My client was arrested and charged with 3rd Strike facing 25 years to life, I had him released on probation with credit for time served.