Probation
Probation limits what you can do. If you are charged with a misdemeanor, you may be granted Informal Probation for a period of 3 years and are not required to be formally supervised by a Probation Officer. If you are charged with a more serious offense or a felony, you may be placed on Formal Probation for a period of 5 years and are required to report to a Probation Officer. If you do not understand any condition of probation, discuss it with your attorney or the judge who sentenced you.
What Does Probation Really Mean?
Before you pleaded guilty or no contest, the judge explained to you what the maximum penalty was. In most cases it is one year in jail and a fine of one thousand dollars for a misdemeanor. The penalty for a more serious offense or a felony could be more. The judge could have imposed that maximum penalty when you were sentenced. The imposition of that maximum penalty has simply been held back to see if you complete your period of probation without violating any of the special rules now established for you. Probation can reduce the time you spend in custody so long as you comply with your probation conditions. The special rules that apply to you are set forth on your probation order. Make sure that you understand and follow those rules.
Informal Probation
What must you do? You must obey all of the rules set out for you on the order. You do not have to report to a Probation Officer but you must comply with the conditions ordered by the court. Terms of your probation will include that you obey all laws, pay a fine, and serve jail time. You may request to be placed on a Sheriff's Work Release Program in lieu of custody time. The terms of your probation will also include specific orders such as pay restitution, attend classes, submit to search and seizure by law enforcement, or be subject to certain restrictions.
What if you violate probation? If you fail to obey any of the rules set out for you, your probation can be revoked and a warrant be issued for your arrest. If, after a hearing in court, the judge finds that you did, in fact, violate probation, you can be sentenced to the maximum jail term allowed by law. You could also receive additional fines or additional conditions of probation.
What if you successfully complete probation? In general, at any time after the termination of the period of probation and upon completion of the requirements of Penal Code section 1203.4 - external link, probationers may petition the court to exercise its discretion to allow the probationer to withdraw a plea of guilty or nolo contendere or to set aside a verdict of guilty and dismiss the accusations against the probationer. If such relief is granted by the court, the probationer may also petition the court for a certificate of rehabilitation and pardon upon completion of the requirements of Penal Code section 4852.01. Probationers convicted of certain offenses are not eligible for this relief. (See Penal Code Section 1203.4(b) - external link,.)
What if you feel your probation should be ended early or certain conditions should be changed? Talk to your attorney, or petition this Court if you want to change your probation order in any way. Remember though, only a judge of the Sacramento Superior Court can change any condition or term of your probation. No other person, agency, or court can do that.
Formal Probation
What must you do? You must obey all of the rules set out for you on the order. You are assigned a Probation Officer and must report and comply with all suggestions, directives and recommendations of the Probation Officer. Terms of your probation will include that you obey all laws, pay a fine, and serve jail time. You may request to be placed on a Sheriff's Work Release Program in lieu of custody time. The terms of your probation will also include specific conditions and restrictions depending on the crime committed and you will be subject to the following general terms of probation:
GENERAL CONDITIONS OF PROBATION
It is the further Order of the Court that you shall, during your term of probation, comply in all respects with the following General Conditions of probation as authorized by the provisions of the Probation Statutes of the State of California. Further, that you shall comply in all respects with any Special Conditions of Probation contained in your Order of Probation or which may subsequently be ordered by the Court or the Probation Officer.
- Obey all laws applicable to you.
- Be gainfully employed at employment approved by the Probation Officer having your supervision; not voluntarily change employment without having first gained approval for such change; or if discharged, or if your employment is terminated (either permanently or temporarily) for any cause whatsoever, you are to notify your Probation Officer within 48 hours.
- You are not to remain away from your regular residence for more than 24 hours without having first secured permission from your Probation Officer. You are to notify your Probation Officer at once of any intended change of address and the reasons therefor.
- You are to follow in all respects any reasonable instructions given to you by the Probation Officer having your supervision.
- You are to report in person to the Division of Adult Probation at such times and dates as the Probation Officer having your supervision may direct. (If, for any reason beyond your control, you are unable to report on your assigned date and time, you shall communicate this fact to the Division of Adult Probation on or before the assigned date).
- You shall allow Probation Officers to visit your home and place of employment at reasonable times.
- DRR: If referred to the Department of Revenue Recovery - external link (DRR) you are required to report to DRR and/or comply with payment terms established by DRR for payment of any fines, fees and/or restitution imposed by the Court as a term and condition of probation. Further, you shall comply with all reasonable instructions and directives given by DRR.
- DRR: If referred to the Department of Revenue Recovery - external link (DRR) you are required to report to DRR for a financial evaluation and recommendation of ability to pay costs for appointed counsel, presentence report, probation supervision, incarceration and/or other authorized costs, as may be applicable in this case.
What if you violate probation? Failure to comply with all of the General Conditions of Probation or any Special Conditions of Probation will make you liable (1) to have your probation revoked, extended or amended which may result in the imposition of any sentence the Court could have imposed on you before you were placed on probation, (2) your confinement in the County Jail for intermittent periods, (3) the extension of your probation up to the maximum provided by law, (4) the change of or adding to the condition of your probation within the limits of the Probation Statutes.
What if you successfully complete probation? In general, at any time after the termination of the period of probation and upon completion of the requirements of Penal Code section 1203.4 - external link, probationers may petition the court to exercise its discretion to allow the probationer to withdraw a plea of guilty or nolo contendere or to set aside a verdict of guilty and dismiss the accusations against the probationer. If such relief is granted by the court, the probationer may also petition the court for a certificate of rehabilitation and pardon upon completion of the requirements of Penal Code section 4852.01 - external link. Probationers convicted of certain offenses are not eligible for this relief. (See Penal Code Section 1203.4(b).)
What if you feel your probation should be ended early or certain conditions should be changed? Talk to your attorney, or petition this Court if you want to change your probation order in any way. Remember though, only a judge of the Sacramento Superior Court can change any condition or term of your probation. No other person, agency, or court can do that.