When you’re on probation, it can be hard to know what you’re allowed to do and when. It can be especially hard when you’re on misdemeanor probation and don’t have an officer to report to. Can you travel? Who do you report to?
Our law firm is here for those serving probation in California. We defend people who have been charged with criminal convictions and make sure that their rights are held up in court. Learn what you can do under misdemeanor probation, and if you have any questions about your specific situation, don’t hesitate to get your free consultation with one of our defense lawyers.
What Is Misdemeanor Probation?
In California, misdemeanor probation is the system put in place to let people charged with minor crimes serve their sentences without going to jail. Instead, said criminals are able to continue to live in the community while the courts keep an eye on them, under California Penal Code (CPC) §1203.
There are generally two types of misdemeanor probation in California: summary probation and informal probation. People serving summary probation check in directly with the court while they carry out their sentence, while people serving informal probation have a dedicated probation officer.
Probation periods usually come with fines and community service that is required to complete the terms of their sentence, and if they break the terms of their probation, the defendant could suffer stricter punishment, including possible jail time.
How Long Does Misdemeanor Probation Last?
The typical time frame for misdemeanor probation in California is one year, according to the recently passed Assembly Bill (AB) 1950, but can be three or even five years depending on the judge’s sentence.
If you’re not sure how long your probation could last or what it could entail, a criminal defense lawyer in California could be able to help. You can get a free consultation with our firm, where we will assess your case and tell you what you might expect from your trial.
What Are the Rules for Probation in California?
The rules for individual probation sentences in California are different depending on the crime and situation. Probation for one misdemeanor could have different conditions than another, and a judge can decide that your specific probation should have certain terms than that of someone else who committed the same crime.
Some common rules of probation can include:
- Mandatory drug testing
- Mandatory meetings with a probation officer or local court
- Continued employment or enrollment in school
- Payment of fines
- Mandatory therapy
- Community service
- A restraining order from certain individuals (usually for a domestic violence case)
If you break any conditions of your probation, you could be subject to strict punishment, including prolonged probation, stricter restrictions, or even jail time. If you’re in that situation, a probation violation lawyer in California may be able to help.
Can You Leave the County if You’re on Probation?
Yes, in general, you can leave the county if you are on misdemeanor probation. As long as you’re not otherwise violating your probation and there are no conditions that specify you can leave the county, you can move freely if you’re serving a misdemeanor probation sentence.
Those serving felony probation are in a slightly different situation. They can leave the county, but they must first get their probation officer’s permission. If someone on felony probation fails to get their P.O.’s approval prior to leaving the county, then they are violating the terms of their sentence.
If you have been accused of violating your probation by leaving the county, then you may be able to avoid the consequences. A probation violation attorney will be able to help represent you and possibly get your probation back on track.
Can You Leave the State of California if You’re on Probation?
The rules for out-of-state travel are similar to those for in-state travel. If you are on misdemeanor probation, as long as you’re still observing the conditions of your probation, you can travel out of state. If you’re on felony probation, then you will need to check in with your P.O. to see if travel is possible.
It’s important to keep in mind, however, that no matter what type of probation you’re serving, the conditions of your probation may still restrict you from travel. You’ll still need to check in with the court, attend therapy, perform regular drug testing, or any other stipulations set out in the terms of your probation.
If out-of-county or out-of-state travel will prevent you from seeing out any of the duties you’re obligated to do, then you should either get express permission or stay in your county.
Can You Serve Probation in Another County in California?
Yes, often those serving misdemeanor probation sentences can do so in another county from the one they were charged in. Probation orders can be modified, and if you have been compliant with the court, then there is a good chance that you can get your probation service moved.
If you want to continue to serve your probation in another county, you should consult with an attorney to make sure that you have a valid reason and stand a chance of having your sentence modified.
Talk to a Probation Violation Lawyer in California for Free
Having a probation violation on your record could keep you from enjoying certain activities, and could even put you in prison. If you don’t deserve the heightened consequences, then you shouldn’t have to fight the accusations by yourself.
California probation violation lawyers Simmrin Law Group are equipped to help you with your case. To get a FREE consultation, call us or contact us online today.