When a person is convicted of a crime in San Diego, the court or judge can grant probation rather than sending the person to jail. Often times, this is the case in California. Probation is a term that we always hear in the criminal law matters, but sometimes we really do not know what it means to be on probation. Today, we will discuss probation and probation violation basics.
What is Probation?
Probation is a period of time in which a person who is convicted of a crime undergoes court-ordered supervision. The supervision period takes the place of jail time, according to California Penal Code Section 1203.1.
When probation is complete, the person can have the conviction vacated in order to wipe out the conviction as if it never happened.
Two Types of Probation in California
California has two types of probation — formal and informal. The two types of probation in California has differences as such:
- Formal Probation. Requires one to report and be supervised by a probation officer once a month at the least.
- Informal Probation. Also known as summary probation. Does not require supervision by a probation officer. The requirement is to simply stay out of trouble and not violate the probation.
Regardless of the type of probation, activities such as counseling, drug testing and community service may be a requirement of completing probation. If a person does not follow the rules of probation, it can be revoked and the person can be sent to jail or prison to complete the rest of the sentencing time. This is called probation violation.
Ways to Violate Probation in California
When a person does not adhere to the terms of probation, this is known as probation violation. One can face violation for any of the following:
- Using firearms
- Committing a new crime during the probation
- Getting arrested
- Failure to complete community service
- Failure to complete counseling or treatment
- Not meeting with the probation officer
When you are accused of breaking any of the probation rules, you should seek legal advice from a qualified San Diego probation violation lawyer. The lawyer will work to get rid of or reduce the consequences that come along with the probation.
Consequences of Violating Probation
Probation violation comes with strict consequences including:
- Rehab or counseling program
- Extension of probation with additional terms and conditions
The consequences for probation violation are essentially left up to the judge. Determining factors depend on the specific reasons for violation. Continue reading