What is Misdemeanor Probation in California?
In California state courts, criminal cases are classified as either misdemeanors or felonies. The key distinction is that felonies, as the more serious crimes, can lead to the defendant serving time in a California state prison if convicted.
Misdemeanors may also lead to jail time, but this is typically served in a county jail rather than a state prison.
Apart from factors such as living conditions, visitation, and overall quality of life, the main advantage of being in a county jail rather than a state prison is that custody credits usually accumulate more quickly.
Additionally, beyond the statutory credits to which the defendant is entitled, county jail inmates are often released significantly earlier than their official sentence, primarily due to overcrowding.
Most misdemeanor defendants—particularly first-time, non-violent offenders—generally avoid jail upon conviction.
Instead, they are usually placed on misdemeanor or summary probation. An experienced Los Angeles DUI lawyer can greatly increase a defendant's likelihood of obtaining summary probation rather than jail.
Probation is an Alternative to Serving Jail Time
Misdemeanor probation offers an alternative to jail, enabling low-risk defendants to serve their sentences under court supervision rather than incarceration.
Sometimes called "summary probation" or "informal probation," it typically lasts from one to three years, but can extend up to five years.
During this period, defendants must adhere to various conditions, including performing community service, attending counseling, paying restitution, and more.
If a defendant does not comply with these terms, the judge may revoke their probation and send them to jail. Most defendants convicted of a misdemeanor DUI can be granted summary probation.
Criminal courts typically impose summary probation for first-time DUI offenders, but even defendants with some prior convictions are often eligible for misdemeanor probation.
In many cases, the defendant's criminal lawyer and prosecutor agree on probation as part of their plea bargain. While misdemeanor probation often does not involve jail time, this is not guaranteed.
Sometimes, defendants prefer to serve their sentence and move on rather than comply with probation conditions for several years. Criminal court judges do not compel defendants to accept probation.
Terms and Conditions of Misdemeanor Probation
DUI probation generally lasts 36 months (3 years) but can sometimes be extended to 48 or 60 months. In less serious cases, summary probation might be just 12 or 24 months.
Throughout, the key aspect of summary probation is the imposed conditions that the defendant must agree to follow to remain on probation.
The primary requirement of any summary probation is to comply with all laws and court orders. Essentially, this means that any subsequent arrest for a new misdemeanor or felony, or failure to follow court directives, could result in a probation violation.
It's important to recognize that the proof required to prove a probation violation is significantly lower than that needed to convict a defendant of a new alleged offense.
As a result, a defendant might be acquitted by a jury for new conduct, yet still have their probation violated in an existing case where they are on summary probation.
Conditions of Summary Probation
Other typical conditions of summary probation might include that the defendant:
- Finish all required community service hours.
- Engage in counseling or group therapy sessions.
- Participate in an alcohol or drug abuse program.
- Not allowed to consume alcohol or drugs.
- Payment of fines or restitution to the victim.
- Seek employment
Other conditions of summary probation are tailored to the specific defendant and the conduct that led to the conviction. The extent of these conditions' burden is usually negotiated through plea bargaining between the government and defense counsel.
Certain misdemeanor crimes have mandatory statutory penalties that must be applied if the defendant accepts probation, instead of jail time.
Driving Under the Influence
In cases involving driving under the influence, any grant of summary probation typically requires the defendant to complete a court-approved alcohol education course and pay statutory fines and fees.
A defendant could be sentenced to three years of summary probation with the condition of serving 10 days in county jail. Despite the jail time, this remains a probationary sentence.
Some crimes, like second and later DUI convictions, require minimum jail time as a condition of probation.
Additionally, community service or labor may be ordered as a form of punishment short of incarceration. Defendants often have the option to convert fines and fees into community labor if paying them would cause financial hardship.
What Are the Consequences of Violating Probation?
Violating the terms of summary probation will lead to a probation violation. The defendant is entitled to a formal probation violation hearing at which the judge will review evidence of the alleged violation.
If the DUI probation violation is confirmed, either through a hearing or by the defendant's admission, the court can impose any sentence up to the maximum allowed for the original misdemeanor offense.
The court can also frequently reinstate the defendant, either under the original conditions of summary probation or with modifications, such as adding community service days as a penalty for the violation.
Usually, a defendant on misdemeanor probation must periodically return to court to report their progress. During these visits, the judge generally asks questions and discusses any issues.
If the defendant fails to appear (FTA) as scheduled for this progress report, it will be considered a probation violation, and a bench warrant may be issued.
If you or someone you know needs legal advice about misdemeanor or "summary" probation in a California state court misdemeanor case, contact our experienced criminal defense attorneys at the Hedding Law Firm for an initial consultation.