What is Probation?

Probation suspends a jail or prison sentence. Instead of being in custody, the defendant is allowed to live in the community. During probation, the defendant must follow specific conditions. If the defendant fails to follow the conditions, the judge can revoke their probation and sentence them to jail or prison.

Eligibility

Misdemeanors, infractions, and most felonies are eligible. The judge has the power to decide whether a defendant is suitable for probation. The judge will review the suitability factors listed in Penal Code §§ 1203(b)(3) and 1203a. California Rule of Court 4.414 lists additional suitability factors.

How long is it?

The term cannot be longer than two years unless the conviction is a violent felony or the law specifies a longer period. (see Penal Code § 1203.1(l) and Penal Code § 667.5.) For misdemeanors, the maximum length is one year, unless the law specifies a longer period. (Penal Code § 1203a.) One example of a longer period is a domestic violence conviction, which requires a 3 year period. (Penal Code § 1203.097.) Another example is a DUI conviction, which requires a 3 to 5 year period. (Penal Code § 23600(b)(1).)

Supervised vs. Unsupervised

Probation can be supervised or unsupervised.

Supervised

The defendant is under the direction of a probation officer.

Also known as “formal” probation.

Unsupervised

The defendant reports to the judge at periodic review hearings.

Also known as “court”, “informal,” or “summary” probation.

Conditions: Terms, Restrictions, and Requirements

The judge may impose and require conditions including:

• imprisonment;
• fine;
• restitution to the victim;
• other reasonable conditions.

All conditions must be:

• fitting and proper to accomplish justice; or
• to make amends to society for the breach of the law; or
• to make amends for any injury to any person resulting from that breach; or
• generally and specifically for the reformation and rehabilitation of the probationer.

Probation Violation

If the defendant violates the conditions of probation, the judge can modify and change their conditions. The judge can also sentence the defendant to prison or jail for the maximum amount of time allowed for their conviction.

The defendant is entitled to have a hearing regarding the violation.

Terminating Probation

Probation terminates by operation of law when the period ends without any violations by the defendant. The defendant can also request to terminate the period early by filing a motion pursuant to Penal Code § 1203.3.