How Misdemeanor Probation Works in California
It’s not at all unusual for a California judge to sentence a person to misdemeanor probation rather than actual jail time. This doesn’t mean that you’ve gotten away with anything. It simply means that the judge considers you a low-risk criminal offender and that it makes more sense for you to remain at home instead of spending a few months in a jail cell.
Don’t assume that since you’ve been sentenced to misdemeanor probation, you’re free to do whatever you want. There are still a few rules and requirements you’ll have to follow.
Misdemeanor probation is a sentencing option for most California misdemeanors. Judges frequently use it when the case involves a juvenile or adults who are first-time offenders. The idea behind misdemeanor probation is that it’s not a punishment for a crime but a chance for you to receive some rehabilitation and learn from your mistakes so you don’t find yourself on the wrong side of the law again.
California judges have the option to sentence you to anywhere from one-five years of misdemeanor probation. While five years of probation is on the table, it’s highly unusual for anyone to receive more than three years. While each case can differ, most misdemeanor probations include the following:
- Paying court fines and any restitution connected to the case
- Possible counseling sessions
- Community service
- Drug/alcohol counseling and testing when appropriate
You will be required to periodically appear in court while you’re serving probation for routine progress reports.
While the vast majority of people are delighted to be sentenced to misdemeanor probation rather than actual jail time, every once in a while, someone will reject the judge’s offer of probation. Reasons you may choose to decline probation include the following:
You would rather spend a few months in jail than a few years on misdemeanor probation.
You want to serve some jail time and put the entire matter behind you
You’re worried you won’t be able to stick to the terms of the misdemeanor probation and will ultimately violate probation and be in even more legal trouble
The last thing you need to know about misdemeanor probation in California is that it is possible to violate the terms of your probation.
If you get in involved with a misdemeanor parole violations, the possible repercussions include the following:
- Having your probation time extended
- Being required to pay yet more fines
- Losing your ability to have your conviction expunged from your record
- Possible jail time
Suppose you have been sentenced to misdemeanor probation in California. In that case, it’s in your best interest to meet with your lawyer immediately so they can explain precisely what requirements you must adhere to during your probation time and how to successfully navigate the probation process.
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