Felony probation is a criminal sentence ordered by a court as an alternative to incarceration. If sentenced to probation for a felony offense in California, the court will set conditions for the length of time you are on probation.
You will be assigned a probation officer who will supervise you during your probationary period. You will be required to check in regularly with them, usually monthly, and report about how you’re fulfilling your court conditions. Failure to report or reply could send you to prison.
However, if you follow all of the instructions and complete felony probation, your sentence will be considered fulfilled. Here is additional information about how felony probation works in California from our Los Angeles criminal defense lawyers.
Common Conditions for Felony Probation in California
Understanding which probation rules apply to you is a vital part of getting through your probation without further harm to your freedom. Here are some common rules and conditions for people on felony probation in California:
- Obey all laws – You must not commit any new criminal offenses.
- Reporting – You need to check in regularly with your probation officer, usually monthly at minimum. You may also have to pay a fee to the probation office each visit.
- Employment – The court may require you to keep a job or get into an educational program.
- Travel restrictions – Leaving the county or state without permission is usually barred, though exceptions are sometimes possible if you arrange it with your probation officer.
- Warrantless searches – You consent to searches of your person, property, and residence without a warrant.
- Curfews – You may have to be home at a certain time each day. Some people must wear monitors to confirm curfews.
- Drug/alcohol testing – Random testing for substance use is a standard rule, even for legal substances.
- Treatment programs – Court-ordered classes or counseling for issues like anger management may be required depending on your offense and attitude.
- Community service – A set number of volunteer hours, typically 30-60, must be completed.
- No contact with victims – Harassment or communication bans help protect those harmed by your crime.
- No contact with known criminals – You may be required to stay away from other criminals, especially other felons.
- Pay all fines/fees – If your offense has any fines or fees, these must be paid on time. These include court fees, probation fees, and any restitution to victims.
- Firearms prohibition – Possession, ownership, or control of guns or ammunition is forbidden.
If you are not certain about any of the rules that apply to you, speak with your attorney or your probation officer. Probation officers want to see people on probation get through the program. If you have worries about a probation violation, contact them before it becomes a problem.
For a free legal consultation, call (310) 896-2723
What Makes Someone Eligible for Felony Probation?
Probation is preferable to going to prison because you can maintain your current life and relationships. You may qualify for felony probation based on several different factors. Judges often look at:
- The severity of the felony offense
- Whether or not you used a weapon
- Your character and criminal history
- The monetary losses associated with the crime
- The amount of planning that went into the crime
- Your attitude about probation.
Judges choose to allow or disallow probation at your sentencing hearing. A lawyer from Simmrin Law Group can argue on your behalf to help you secure felony probation instead of a full prison sentence. We can also give you advice on what to expect during your probation period.
What Makes Someone Ineligible for Felony Probation?
Some individuals cannot qualify for felony probation under California law. The court refuses felony probation to individuals:
- With past prior convictions for violent or serious felonies
- Convicted of felonies while serving felony probation
- Accused of certain sex crimes
Additionally, the court usually does not grant felony probation to individuals who:
- Use a deadly weapon in the commission of a crime
- Cause a victim great bodily harm
- Hurt or kill someone during a drive-by-shooting
What Happens if I Violate My Probation Conditions?
A probation violation can seriously jeopardize your freedom. It is important for you to fully comply with all terms to avoid these potential consequences and complete your sentence. If you violate probation, your probation officer will file a violation report with the court.
This initiates a hearing to decide how the court will handle your probation violation. You are entitled to a hearing before a judge to determine if the violations occurred. You have the right to be represented by an attorney at this hearing.
At the hearing, the prosecution bears the burden of proving the violations against you. If the judge finds any of the violations to be true, they have several options for how to proceed with your case:
- Minor violations could make the court modify your probation terms or extend the amount of time you must serve.
- Serious or persistent violations could mean your probation is revoked and you must go to prison to serve the remainder of your sentence.
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How Long Does Felony Probation in California Last?
California judges rely heavily on probation reports when determining the length of your probation term. Most probation terms last between 2-5 years. Here are some key points about how probation reports factor into that decision:
- Probation officers conduct an investigation of the defendant after conviction but before sentencing. They interview the defendant, review the case, and research their criminal history.
- The resulting probation report provides a risk assessment and recommendation to the judge on appropriate probation conditions and duration. It aims to balance public safety, rehabilitation needs, and the severity of the offense.
- Factors like the nature of the crime, acceptance of responsibility, substance abuse issues, mental health concerns, employment/living situation, and compliance on pre-trial release all influence the recommended probation length.
- Judges will consider the probation officer’s expertise and whether a shorter or longer term is most likely to help the defendant rehabilitate without reoffending during that period.
- If high-risk issues are identified, such as gang involvement or violent tendencies, a longer term may be suggested. Low-risk defendants can potentially be recommended for shorter probation.
Judges rely on these reports to inform their sentencing decisions and will usually follow the probation department’s length guidance unless overriding circumstances dictate otherwise.
Could My Felony Probation End Early for Good Behavior?
Yes, a judge can terminate your probation ahead of schedule under Penal Code 1203.3. However, judges can only end your probation early if you’ve completed a minimum of 18 months of probation without violating any terms of your probation.
Also, you need to show the court why you need to have your probation ended early. A lawyer can help you do this. One example is if you need to travel further for a job. The court has the option of terminating your probation early or converting it to misdemeanor probation.
Can You Expunge Your Charges After Completing Felony Probation?
You have the option to seek an expungement of your charges in some cases in California. Generally, you may begin the process to request the expungement after completing the term of your probation successfully.
Expungements remove many hardships from your life after a conviction. However, they do not erase all aspects of a conviction in every case. You can speak to a criminal defense lawyer in Los Angeles about the possibility and benefits of an expungement in your case.
Speak to a Lawyer About Felony Probation in California
A Los Angeles criminal defense lawyer with the Simmrin Law Group can help you learn more about how felony probation works in California and how you can stay on the good side of your probation officer. Contact us to schedule a free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form