What is Misdemeanor Probation (2024)

If you face criminal charges in Van Nuys, CA, the judge could send you on probation in place or together with a jail/prison sentence. The judge’s decision is guided by the details of your case and your criminal history. For instance, you could receive misdemeanor probation on your conviction, whereby you are released back into your community but on strict conditions that could last a given period. You cannot violate probation conditions if you wish to remain free from incarceration.

Understanding misdemeanor probation and its conditions are crucial to avoid making mistakes that could cause your re-arrest and subsequent incarceration. In this article, we’ll discuss all there is about misdemeanor probation. For more information and legal help, you could contact a competent criminal attorney for support and help with your case.

Legal Explanation of Misdemeanor Probation

Probation refers to a criminal sentence whereby the judge releases convicts from confinement but puts them under court supervision. Sometimes the judge gives probation in place of jail or prison time, and other times the convict receives both in one sentence. Other times the judge suspends incarceration due to consistent good behavior and gives probation in its place. But it all depends on the nature of your charges and your criminal history.

In California, the criminal justice system gives two types of probation based on the nature of the underlying offense: misdemeanor and felony probation. Felony probation is mainly granted for felony cases.

Misdemeanor (or summary) probation is a substitute to incarceration, given mainly for misdemeanor cases. When you face conviction for a misdemeanor offense, the judge has total discretion to send you to jail, or probation, depending on the facts of your case.

During the probation period, the court will directly supervise you instead of placing you under the supervision of a probation officer. The judge will order you to periodically go back to court to provide progress reports and show that you have complied with the terms and conditions of probation.

Misdemeanor probations last for a maximum of 12 months in California, though sometimes it can be longer depending on the case’s specifics. During the probation period, you will be required to abide by specific probation conditions like attending counseling, participating in community service, and paying restitution to the victim or the victim’s family. The judge determines probation conditions, depending on the details of your case. Violating probation is a separate offense that could attract additional criminal penalties.

California misdemeanor probation could be somewhat complicated, especially for first-time offenders. Thus, it could make the legal process smoother for you if you engaged the help of an experienced criminal attorney. Your attorney will help you understand what probation entails, the terms and conditions, and help you make the right decisions that could be in favor of your case.

Misdemeanor probation comes with many benefits that you should be aware of if you face misdemeanor charges in Van Nuys, CA. For instance, probation allows you to work within your community. That is better than spending several months in incarceration. As you work to develop your community, you could earn money to support your family, which would not happen if you are in confinement.

If you have a significant problem like an alcohol or drug problem, or even domestic violence, probation offers you a chance to enjoy the support of your family and friends as you go through recovery. That could help you get over the probation permanently. You can also attend court-ordered programs to better your situation, like counseling and alcohol or drug-related programs.

More importantly, probation helps the state to cut down on the costs of managing convicted persons. Incarceration costs the taxpayer a lot more money than probation.

Who Receives Misdemeanor Probation?

Anyone who faces a misdemeanor charge in California is eligible for misdemeanor probation. Criminal court judges have total discretion in determining whether to incarcerate you after conviction or grant you probation. The goal of probation is to do one or more of the following:

• To protect members of the public
• To bring back the victim of the offense
• To rehabilitate the defendant and give them a second chance to correct their behavior.

In most cases, California courts will grant misdemeanor probation to juvenile and first-time adult offenders. However, even individuals with previous convictions could be placed on misdemeanor probation for various reasons. The judge first assesses your case and your situation to determine what you would do if the court granted you a second chance. Mostly, offenders who show remorse or a possibility to rectify their behavior are placed on probation under the supervision of the court.

Working with an experienced criminal attorney could impact the judge’s decision. For instance, your attorney could convince the court of your willingness to change and start life afresh to avoid a jail or prison sentence. A solid defense is necessary if you wish to avoid incarceration after conviction.

How To Get Misdemeanor Probation In the Place of Incarceration

When a judge finds you guilty of a misdemeanor offense, he/she can sentence you to jail time or probation. If you are a first-time offender, or the details of your case allow a lenient sentence, the judge will automatically grant you probation in the place of incarceration.

However, it doesn't always work like this. Sometimes your attorney will have to strike a deal with the prosecutor as a plea bargain for you to plead guilty to the charges to be granted probation. That is one of the reasons why you need to work with a competent criminal attorney. A reliable attorney will only enter a plea bargain if they feel it’ll be in your best interest.

If the judge grants you probation with jail time, you’ll only stay in jail for a short period and not the maximum period the sentence requires for that offense.

Example: Joan is facing DUI charges for the second time in ten years. The prosecutor has compelling evidence against Joan. Therefore, her chances of having the court drop her DUI charges are slim. Joan’s only choice would be to enter a plea bargain with the prosecutor for probation in the place of jail time.

Joan’s maximum jail sentence will be for one year if the judge finds her guilty. But, her criminal lawyer successfully comes to an agreement with the prosecutor. Thus, she is placed on misdemeanor probation for three years and is only required to serve a maximum of 96 hours in jail.

You could receive a better deal if you work with a private criminal lawyer than a public defender. Personal lawyers have the resources and time needed to fight for the best possible outcome of their client’s cases. Your lawyer will have your best interests at heart at all times and will fight aggressively to protect your rights.

Note that probation goes on for a more extended period than the set jail time. Thus, some defendants opt to serve jail time for a much shorter period than with probation terms and conditions for so many months. For instance, spending six months in jail might seem like a better idea than five years on probation. Judges do not force probation on defendants who don't want it. If you have nothing to lose by spending a few months behind bars, the judge will welcome the idea and only sentence you to incarceration.

However, it is possible to make an irrational decision when you are overwhelmed by the idea of a conviction. That is why you need the support of an experienced attorney to advise and help you make the right decision.

Misdemeanor Probation Terms and Conditions

The judge will not just release you back to your community without imposing some terms and conditions for your probation. Note that California judges have total discretion in designing probation conditions. However, they have to be guided by two main factors, namely:

• That misdemeanor conditions must be proper and fitting to ensure that justice is done in the end.
• The conditions must be logical and reasonable — They should be related to the underlying offense.

Some specific conditions are provided by law for particular offenses. For instance, if you face misdemeanor charges for domestic violence, you must successfully go through a batterer’s treatment program while on probation. Let us look at some of the most common summary probation conditions that could apply in your case:

• A mandatory requirement to pay court fines, court fees, and victim restitution where applicable
• You must participate in individual or group treatment or therapy — The type of individual or group therapy will depend on the underlying offense.
• You must complete treatment or therapy programs related to your charges — For instance, anger management treatment for violence-related offenses or drug/alcohol treatment for DUI-related violations.
• You must participate in community service/Caltrans roadside works
• The judge will require you to find gainful employment at least during the probation period— gainful employment will keep you out of trouble and keep you within the community where the court can monitor your progress
• You could be subjected to a restraining order, especially if the underlying offense is related to domestic violence
• You must abstain from drugs and/or alcohol and might be required to attend a drug abuse treatment program if the underlying offense is DUI- or drug-related
• If on DUI probation, you must not operate a vehicle with even the slightest amount of alcohol or drugs in your blood. You must also not refuse to submit to DUI testing within the probation period
• You must show up in court during all the set court dates for review and follow up
• You must submit to random and frequent drug tests
• You could be required to install an IID system or wear a SCRAM — Mainly for defendants with multiple DUI convictions.
• You must not violate any law and be careful not to be arrested or have any issue with law enforcement officers.

The judge can give you more or just a few probation conditions based on the details of your case and your criminal history. Note that you must not violate any probation condition given by the court on the day of your release. Violating probation conditions leads to further criminal charges.

When the judge realizes that you have violated one or more probation conditions, he/she will issue a misdemeanor probation violation bench warrant for your arrest. The warrant will automatically trigger a violation hearing. Once the police execute the warrant and are arraigned in court, the judge will quickly schedule a hearing for a probation violation to determine what will happen to you. The probation hearing is also called a probation revocation hearing since one of the likely outcomes of this hearing is for the court to revoke your probation and send you to jail.

If you face arrest for violating a condition or two of your supervised release, you might be eligible for a bail release before the probation violation hearing. Judes have total discretion to make decisions like these. You could be granted bail if the following are true:

• The probation violation was relatively minor or a technical violation
• Your underlying conviction was for a first-offense misdemeanor
• You had complied with all the other probation conditions

During the hearing, the district attorney has the burden of proof to demonstrate that you violated your supervised release’s specific term(s). The prosecutor will provide evidence to support his/her arguments. Note that heresy proof is allowed in hearings like these. It becomes easier for district attorneys to argue their cases and convince the judge to revoke your probation with that. That is another reason for you to hire an experienced criminal attorney to represent you during this hearing.

The judge has two decisions to make after listening to the evidence presented in court:

• You did not violate any probation condition — The judge would release you to resume your supervised release.
• That you violated one or more probation conditions — If that is so, the judge will sanction you.

If the court finds that indeed you violated the conditions of your summary probation, the judge can do any of the following:

• Revoke the probation and turn your probation sentenced to prison time — The judge will send you straight to prison, where you’ll serve the maximum sentence allowed by law for the underlying offense.
• Modify the terms and conditions of your probation — The judge can decide to make the terms and conditions of your probation stricter than they were and then release you on those tough conditions.
• Reinstate the original conditions of your probation and release you once again

Misdemeanor Probation Progress Reports

Misdemeanor probation is mainly a supervised release. Therefore, the court will closely monitor your progress to ensure that you abide by all the conditions for your probation. The judge may not keep a close watch on you but will order you to submit periodic progress reports to the court.

Once you have agreed to all the probation conditions set by the judge, he/she (judge) will select a court date during which you will show up in court. During the court’s visit, you will show the judge proof that you are doing everything he/she ordered you to do on the day of your release. Misdemeanor probation can last up to five years. Thus, the judge will require you to come back a few more times with progress reports. Some courts will set the court appearance after every 30 days, others after ninety days, while others after six months.

Note that failing to appear in court on the scheduled date is a form of probation violation. Thus, it will result in the judge issuing out a bench warrant for your arrest. The consequences for failing to appear could be similar to the implications of the probation violation discussed above.

Note that keeping up with these progress reports brings you closer to completing probation. It could also cause the judge to terminate your probation early.

Early termination of probation is possible under California law. The judge could terminate your probation when you complete the terms of your probation before their time and with no violations. However, it doesn't happen in all courts. Some judges prefer to follow through with probation to the end. The judge can also be skeptical about granting early termination of probation in cases related to domestic violence and DUI.

Find a Van Nuys Criminal Defense AttorneyNear Me

Misdemeanor probation has its advantages and disadvantages. Even though you will be serving your term out of incarceration, you’ll be ordered to abide by specific terms and conditions that sometimes could make your life difficult. Working with an experienced criminal attorney in Van Nuys, CA, could help you make the right decision when you’re faced with jail time and probation. Your attorney could also negotiate for more favorable probation conditions on your behalf. At Leah Legal, our priority is our clients’ best interests. That is why we fight until we obtain a favorable outcome of all our cases. Call us at 818-484-1100 for more information and guidance through every stage of the legal process.