Defending Against Probation Violation Charges in California

To determine the penalties for a probation violation, the court first looks to whether the probation terms pertain to a misdemeanor or felony. On the most general level, a felony is more serious than a misdemeanor. In the state of California, misdemeanor probation usually lasts between one and five years and involves performing community service and paying fines (in lieu of serving jail time). Individuals serving misdemeanor probation must periodically appear before the judge to make a progress report. This arrangement benefits both the individual and the state. For the individual, jail time is avoided. For the state, money need not be spent on jail time.

Felony probation is more serious than misdemeanor probation. Instead of making mere progress reports before a judge, an individual on felony probation is assigned a probation officer. Still, felony probation is infinitely preferable to jail time. Besides reporting to a probation order, the individual serving felony probation must make restitution to the victim he or she perpetrated the felony against and strictly comply with other conditions. Obviously, commission of another crime while on felony probation will constitute a violation. As with misdemeanor probation, the duration of felony probation is one to five years.

Misdemeanor and felony probation in California share a few basic conditions. Besides paying a required restitution fine and doing community service such as labor on public works construction projects, there are requirements to remain gainfully employed and abstain from drug and alcohol use. If the misdemeanor or felony involved drug or alcohol abuse, probation will require attendance at a drug or alcohol support program and the installation of an ignition interlock device in one’s vehicle. Lastly, for sex crime offenders, probation requires the wearing of an electronic monitoring device.