Lastly, there are no fees payable to probation officer in summary probation, but in formal probation there are probation fees. Indeed, following a conviction, a person is granted a revocable release from jail or prison, to the community. The release often is conditioned upon the person attending some type of classes to educate him or her and prevent similar conduct in the future.
Communities Served. Review Us on Google. Search Search Search. Submit a Law Firm Client Review. In other words, the person convicted can be rehabilitated while also being punished. Usually, a judge grants probation to someone who is convicted of a misdemeanor for the first time, as well as to juveniles who are convicted of misdemeanors. While penalties for various misdemeanors are set out in California statutory law, judges use sentencing guidelines to determine consequences.
In all likelihood, the judge follows the sentencing guidelines, which call for a three-year suspended sentence, restitution to the victim, five days with the public work service program, a stay away order, and a suspended probation revocation restitution fine. What does this mean for Charlie? He must pay back the value of the items he stole and a fine, and spend five days picking up roadside trash.
There can be other conditions of informal probation for misdemeanor convictions in Alameda County. She is likely to receive a suspended sentence of five years, which means that she is on informal probation for five years. If Tamara had a prior conviction for driving under the influence, then she still gets misdemeanor probation, but she also has to spend 96 hours in jail and between five and 30 days doing community service, depending on her blood alcohol content level.
If there was a child under the age of 14 in the car when Tamara was arrested, she must spend another 10 days in jail. While informal probation is almost always offered to those convicted of their first misdemeanor offense, those with prior convictions can also receive summary probation.
For example, if you have an experienced Alameda County criminal defense attorney at your side, they can negotiate informal probation as part of a plea agreement with the prosecutor. The plea agreement may also include jail time, but not as much as the court would otherwise hand down as part of your sentence. As with misdemeanor probation, Alameda County felony probation allows a person convicted of a crime to serve some or all of their sentence in their community under the supervision of the court.
Unlike misdemeanor probation, though, felony probation in Alameda County has formal reporting requirements. At the time of sentencing, a judge may offer the person convicted of a felony the option of probation.
Sometimes, the judge imposes a prison sentence and then suspends the sentence in lieu of probation. Other times, the judge places the person on probation for a certain length of time without imposing a prison sentence. The Alameda County Probation Department produces a probation report for the judge to review.
The report makes recommendations about restitution, the length of probation, and the conditions of probation. If you are accused of a felony, you need the help of an experienced Alameda County criminal defense attorney. Your attorney can make the case for why you should be granted probation instead of a prison sentence — and hopefully secure your freedom. Thanks to Assembly Bill , the maximum time for formal probation is lowered to one year for misdemeanor cases, instead of the former maximum of three years.
Those with sentences that include summary probation, also called informal probation, do not have a probation officer to meet with. In fact, those who have summary probation as their sentence must report to the courts. They still may have requirements to fulfill such as community service hours or education classes, but they report completion of these to the court. The biggest difference between formal and summary probation is where the individual reports to.
0コメント