In California, you may face formal probation for felony convictions, while informal probation usually comes into play in cases involving misdemeanor charges. Formal probation usually lasts longer and has harsher restrictions when compared to informal probation.
You can learn more about formal vs. informal probation in California with a Los Angeles criminal defense lawyer. An attorney can explain this legal penalty and help you handle criminal charges.
What Are the Differences in Formal and Informal Probation?
Formal and informal probation in California have several key differences. These distinctions include:
The Trigger for the Probation
Generally, individuals only face informal probation (also called summary probation or court probation) after a conviction for a misdemeanor.
On the other hand, the court typically orders formal probation (also called felony probation) in cases that involve felony convictions. You can learn more about what formal probation is with a legal professional.
Reporting Requirements
In most cases, individuals on informal probation do not have to report to a probation officer. Instead, they have a duty to report to the court in certain situations. For example, they may need to notify the court if they:
- Need to update their phone number or address
- Have to submit proof that they completed a probation requirement
- Face an arrest for a new crime
- Must pay restitution or fines
Individuals on formal probation, on the other hand, must regularly report to a probation officer. The specific timeline for these check-ins will vary. Some individuals have to report in every week, while others may only need to perform a check every other month.
The court system will decide how frequently individuals on probation must perform official check-ins.
The Time Required to Stay on Probation
Finally, individuals usually have to stay on felony probation for a longer time. The exact amount of time an individual has to stay on probation will depend on the decision of the court and can vary significantly.
An attorney can explain more about formal versus informal probation in California and other potential penalties for a criminal conviction.
For a free legal consultation, call (310) 896-2723
Similarities Between California’s Formal and Informal Probation
Formal and informal probation have many things in common with one another. For example, both forms of probation require individuals convicted of a crime to obey regulations specified by the court.
The court can vary the restrictions faced by individuals on probation, but, generally, people on probation will have to avoid additional criminal convictions. Additionally, individuals may have to find and maintain a job while on probation. Furthermore, individuals on probation must comply with blood alcohol content (BAC) checks when requested by the police.
Because the requirements for probation can vary on a case-by-case basis, individuals need to work with a lawyer to determine which rules will apply to them.
Probation Violations for Informal and Formal Probation
Individuals can violate either informal or formal probation in California. A probation violation occurs when someone breaks one of the rules the court set for probation. Violating any rule can have significant legal repercussions.
People can face charges for a probation violation. If the court finds that an individual broke the terms of probation, the judge can:
- Lengthen the term of the probation
- Add more restrictions to the probation
- Revoke the probation and send the individual to jail or prison
A Los Angeles probation violations lawyer can assist individuals accused of violating the terms of their informal or formal probation.
Individuals who hire an attorney have a higher chance of successfully resolving probation violation allegations and potentially avoiding harsher penalties handed down by the court system.
Can You Avoid Probation in California?
You may not have to face the penalties associated with either informal or formal probation in California if your attorney can successfully resolve the charges you face. For example, you should not have to go on probation if your attorney gets the court to drop or dismiss your charges.
The court system may dismiss charges if an attorney shows that the prosecution does not have enough evidence to secure a conviction. The court could also set aside your charges if a lawyer can show that the police violated your rights.
An attorney could also represent you aggressively in court, potentially securing a verdict in your favor and helping you avoid probation and other legal penalties.
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We Can Help You Learn More About Formal and Informal Probation
Do you have more questions about formal vs. informal probation in California? If so, our team at Simmrin Law Group can provide the answers you need. We have decades of experience working in California’s legal system that we can use to assist with your case.
You can turn to us after an arrest. We can take charge of your defense, potentially allowing you to avoid probation altogether. We also stand ready to help if you face accusations of a probation violation.
We take the needs of our clients seriously. Find out more about how we can help by reaching out now.
Call or text (310) 896-2723 or complete a Free Case Evaluation form