How Does Felony Probation Work in California?

There are three forms of punishment you could receive after a felony conviction. They include a prison sentence, fines, and probation. In California, probation is imposed as an alternative to spending time in prison. If you are sentenced to probation, you will serve some part of the prison sentence through community service.

Felony probation is not an alternative for all defendants. The court will consider your criminal history and the seriousness of your conviction before imposing the sentence. Felony probation often lasts for up to five years and has strict conditions attached to it. Probation can keep you out of prison. However, violating one of the conditions can result in serious penalties.

If your probation officer or the district attorney reports a violation, the judge could revoke your probation and reinstate a prison sentence or harsher terms. If you face criminal charges and felony probation seems like a favorable option, you will require expert legal guidance to obtain the sentence.

Understanding Felony Probation in California

Probation is one of the alternative sentences you receive after a criminal conviction in California. If your underlying offense is a felony, you could be sentenced to felony or formal probation.

Felony probation is a supervision sentence that allows defendants to stay out of prison. Most felony defendants can take advantage of the sentence. However, the court can impose the kind of sentence it sees fit under the circumstances.

Some of the factors that the court could consider when determining your eligibility for felony probation include:

The Severity of Your Crime

Your eligibility for probation after your felony conviction is determined by the seriousness of your felony conviction. If you committed a violent felony, the court cannot send you to probation. Instead, you will serve the entire prison sentence for your crime. Some offenses involving extreme violence include murder, aggravated assault, and manslaughter.

Firearm Use

Offenses that involve the use of a gun or other deadly weapons are considered severe. You may not be eligible for the probation sentence if you are charged with a serious gun offense.

Your Criminal History

California law is strict on repeat offenders. Defendants with a violent criminal history will be ineligible for felony probation. Additionally, the court can deny your probation request if you have committed a felony while on felony probation.

The Likely Effects of Imprisonment

Spending time in prison can cause extreme stigma for a person. Additionally, being incarcerated may worsen a person’s criminal conduct. If the judge determines that spending time in jail could affect you significantly, they can send you on felony probation.

Degree of Criminal Sophistication

 In California, criminal sophistication is determined by the complexity of your plan to commit the offense. This could include an elaborate plan to accomplish the crime and avoid capture. The court will not send you on probation if you exhibit high sophistication.

Conditions of Felony Probation

You may be required to follow these probation conditions if the court sentences you to felony probation:

Regular Meetings with your Probation Officer

The court appoints a probation officer to oversee your sentence if you are sentenced to felony probation in California. While on probation, you must regularly visit the court-appointed probation officer to report your progress.

The roles of your probation officer include:

• Case management. A probation officer will facilitate the completion of probation programs and may send referrals to community programs. The officer makes these recommendations based on your specific needs.
• Interventions and supervision. The probation officer will increase supervision to ensure you follow your probation conditions.
• Reporting a violation. Since your probation officer monitors your probation progress closely, they will be responsible for reporting a violation to the court. A report from the probation officer can trigger a probation violation hearing.
• Making recommendations to the court. Before sending you on probation, the court will seek the recommendations of the probation department. A probation officer will review your criminal history and the circumstances of the current offense before making recommendations.

Payment of Victim Restitution

The court might order that you pay the victim restitution if you committed an offense that caused injury or substantial loss to another person. Unlike court fines to punish an offender, victim restitution is intended to restore the person impacted by your crime. You must pay restitution to all the victims of your crimes as part of your probation rules.

Payment of Court Fines

The judge can impose a prison sentence, fines, or probation after a felony criminal conviction. Sometimes, the court combines multiple forms of punishment for your offense. If the court imposes penalties for your crime, you must pay these fines as part of your probation requirements.

For most felony convictions, fines could go up to $10,000. Therefore, fighting your charge to avoid a conviction is critical.

Community Service

During the time you will spend on felony probation, the court will require that you perform a certain number of community service hours.

Avoid Alcohol and Drug Use

You must avoid the use of drugs while on probation for a drug-related crime. The court ensures that you adhere to this rule through random drug tests. A failed drug or alcohol test is a probation violation and may result in severe penalties.

Common drug-related felony offenses include:

• Vehicular manslaughter while intoxicated.
• DUI hit-and-run.
• DUI-causing serious injuries.
• DUI murder.

Electronic Monitoring

Electronic monitoring involves wearing an ankle bracelet to keep track of your location at all times. If you have a history of leaving the jurisdiction without permission or violating other probation terms, the court may order you to wear an ankle bracelet throughout your probation sentence.

Avoid Violating Additional Laws

Felony probation is a way for an offender to rehabilitate while out of prison. While on probation, you can continue living your everyday life. However, committing another offense while on probation is a serious violation. The best way to protect yourself from the consequences of probation violation is to fight the underlying charge for case dismissal or a ‘not guilty’ verdict.

Consent to Police Searches

Law enforcement officers must have a valid search warrant to search your home or person in California. However, police officers can search you without a warrant if you are placed on felony probation.

Surrender Your Firearms

In California, the purchase and use of firearms are legal. However, this privilege is not available for defendants convicted of a felony. Improper use of weapons can pose a significant danger to others. You may not qualify for probation if you use a firearm or kill or injure another person.

Group Therapy

Depending on the exact felony offense for which you were convicted, the judge may require that you attend individual or group therapy.

Felony Probation Violations in California

You could be arrested and charged with a probation violation for failing to follow your probation terms. Probationers must attend a probation violation hearing to determine whether or not they violated their probation. The probation violation hearing may be triggered by your arrest for a different offense or when your probation officer reports a violation.

Common violations of felony probation include:

• An arrest for a criminal act while on felony probation.
• Failure to report to your probation officer.
• Failure to pay fines and restitution.
• Failure to seek meaningful employment.
• Failure to attend counseling.

The judge will issue a bench warrant for your arrest if any of these violations are reported. You can be released or held without bail after a probation violation. When deciding on your bail, the judge will consider the seriousness of your violation. Additionally, your overall performance on probation may impact the bail decision.

At the probation violation hearing, you can defend yourself against the violation. With the guidance of a competent lawyer, you can raise the following argument:

• You did not commit a violation.
• The violation was minor.
• The violation was accidental.

There are several outcomes of a probation violation hearing, including:

• Reinstatement of probation with original terms. If the court finds that you did not violate your probation, your probation term may be reinstated with the actual terms.
• Additional probation terms. Sometimes, the court may order you to return to probation after a violation with harsh terms. These could include an increased probation period.
• Probation revocation for the original prison sentence. In California, probation is an alternative to prison time. In cases of serious probation violations, the court can revoke your probation and reinstate the original sentence.
• Probation revocation for the maximum sentence. If the judge revokes your felony probation for a violation, they could impose the maximum sentence allowed for the crime you committed.

Early Termination of Probation

Under California Penal Code 1203.3, a judge can grant you an early probation termination. Before you receive the termination, your criminal defense attorney must file a motion with the prosecuting agency and the court. The court will then grant you a hearing. Felony probation lasts for up to five years. Therefore, you will no longer be tied to the probation conditions if you receive an early termination.

Before you attend the hearing, your attorney can notify the prosecution about the case. This lets your lawyer explain why you qualify for early termination and ask the prosecution to support the motion. You do not have to attend a probation termination hearing. However, your attorney can represent you.

At the hearing, the lawyer can present evidence that you have reformed from your past criminal acts and are a law-abiding citizen. Some of the evidence you can present to support the reform claims is a probation report and witness testimony. In California, a judge will only grant your motion for early probation termination if you have served at least 18 months of felony probation.

When deciding on early probation termination, the court may consider these factors:

• Good probationary conduct. Your conduct on probation is satisfactory if you have met conditions such as payment of victim restitution and court fines. Additionally, you should have attended counseling and satisfied other probation requirements.
• The seriousness of your criminal conduct. The nature of the crime that landed you on felony probation is considered when the court wants to grant you an early probation termination. The court might deny your petition if you were convicted of a serious felony.
• Opinion of the district attorney. The prosecution or district attorney will be present at your probation termination hearing. Notifying the prosecution of your intent to seek early termination is important to ensure they support your motion.
• Effects of probation on you. The court may decide to terminate your probation if the program significantly negatively affects your life. One of the hardships that could persuade the judge to grant you early termination is when being on probation prevents you from finding or maintaining employment.

The benefits of receiving an early probation termination in California include the following:

Early Expungement

Felony probation is part of the punishment for a felony criminal conviction. Even after completing your prison time and serving your probation, the consequences of the felony conviction can impact you for a lifetime. An expungement is a legal proceeding where you withdraw your guilty plea and re-enter the not-guilty plea.

Expunging your criminal record relieves you of the disability of the conviction. Although your history will not be erased, employers cannot use it to discriminate against you. Expungement is available for defendants convicted of a felony or a misdemeanor. However, you must meet the eligibility criteria.

One of the requirements for an expungement is that you complete your probation. Your probation is successful if the term has ended and you have followed all the probation conditions. If you receive an early probation termination, you can file a petition for expungement.

Avoid Probation Violation

You are likely to commit a violation the longer you remain on probation. Felony probation lasts for up to five years. It may be challenging for some defendants to adhere to all probation conditions for a long time. A probation violation could be committed by committing another crime or failing to follow one of the terms.

The consequences of a probation violation are severe and may include returning to prison. When the court grants you an early termination of your probation, the probability of committing a violation is minimized.

Should I Accept a Probation Sentence?

Felony probation allows you to stay out of prison after your conviction. However, there are better alternatives than probation for everyone. The court will not force a probation sentence on you. You can discuss the pros and cons of the sentence before accepting it.

Some of the facts you should understand before accepting a felony probation sentence include the following:

• You will be tied to the court system until you complete your probation. While on felony probation, you must report regularly to your probation officer. Additionally, you must notify the court before leaving the state. If your probation lasts for five years, your freedom will be limited during this time.
• A judge can still send you to prison for probation violations. Even when you escape incarceration through felony probation, you can still be imprisoned for violating one of the probation terms. If you cannot follow the probation terms, this sentence is unsuitable.
• You cannot associate with individuals who are on probation or parole. The aim of sending you to probation is to allow you to rehabilitate while leading your normal life. Therefore, the court wants to ensure you do not associate with people who could influence you to commit criminal acts.
• You can be charged with probation violations even when you do not break any laws. One of the common probation conditions is to see and retain employment through the probation period. Although unemployment is not a crime, it counts as a probation violation.
• You will be subjected to random searches. When you are on felony probation in California, the court may order that you undergo random police searches.

In addition to these factors, your lawyer can guide you through your probation conditions.

Find a Competent Criminal Defense Attorney Near Me

Probation is a supervision period for a defendant as part of their sentence. In the California court system, probation is an alternative to spending time behind bars. Under certain circumstances, your attorney can convince the judge to send you to probation instead of prison.

With the probation sentence, a part of your sentence will be served in the community. This allows you to move on with your life and avoid the stigma of prison time. However, several harsh conditions will be attached to your probation. Failure to follow through with these conditions will trigger a probation violation hearing.

A probation sentence is not mandatory. You can decide to reject it and serve your prison sentence. This will be a good option to avoid being tied to the court system for five years. If you or a loved one faces criminal charges in San Jose, CA, you will require the expert legal guidance we offer at California Criminal Lawyer Group.

Our top-notch attorneys will help you build a solid defense for your case and obtain the best possible outcome. Contact us today at 408-622-0204 to discuss your case details.