If you are convicted of a misdemeanor in California, you may be required to serve probation. Also referred to in some cases as summary probation or informal probation, misdemeanor probation applies to low-risk offenders who spend most or all of their sentence under supervision – not behind bars. At Law Offices of Patrick S. Aguirre we have helped clients originally facing felonies and time behind bars end up with an option of serving misdemeanor probation.
If you have questions about this type or probation or other issues relating to criminal law, read on for common answers to questions. You can also contact us at 800-572-1252 directly for a free legal consultation and immediate answers from a criminal defense attorney.
How Long Does Misdemeanor Probation Last?
The length of misdemeanor probation will vary based on a number of factors. In most cases, it will last between one and three years, though it can be as long as five. The defendant is required to comply with specific conditions such as going to counseling, paying restitution, and taking part in community service. If the defendant does not do as instructed, their probation can be revoked and they could end up in jail.
Can I Serve Misdemeanor Probation in Another County?
The short answer is yes. The long answer is that it depends on whether or not serving it in another county will violate a condition of your parole. If you need to serve it in another California county, we will work to get the permission of the court for you and have the case transferred to another county. In most cases, misdemeanor probation does not include restrictions on travel, which means you should be able to travel at will.
How Can I Get Probation Instead of Jail Time?
It is often the case that your attorney and the prosecutor will work together to find the best possible plea deal, and that this plea deal will involve probation instead of jail time. In other cases, the judge may sentence you and grant probation. Even though informal probation does not generally come with jail time, it can – but the total time served will be much shorter than it would have if you had been convicted and sentenced to jail only.
What Are the Conditions Included in Misdemeanor Probation?
When it comes to misdemeanor probation conditions, judges have a wide level of discretion. That said, all conditions must be appropriate for the crime and reasonably related to the offense. For example, a person who is convicted of domestic violence may be required to complete an anger management program but it may not be considered appropriate for that person to be required to attend an alcohol treatment class if alcohol was not an issue in the case.
If you have questions about misdemeanor probation or other criminal issues, contact Law Offices of Patrick S. Aguirre at 800-572-1252 for a free legal consultation.