Felony probation is much more rigid and strict than misdemeanor probation in a criminal case. Most of the time, in Los Angeles County, for example, if you're on felony probation, you must continue to report to the judge. At the same time, you complete whatever terms and conditions of your probation that the judge ordered you to complete.
To give readers a better understanding of what it means to be placed on felony probation, our California criminal defense lawyers are providing an overview below.
Once you've got a handle on things and you've completed most of what you're supposed to, a lot of times, the judges will let you be on probation and report to the probation department, so you don't have to worry about having to keep coming back and forth to court. This can be a significant relief, reducing the burden of frequent court appearances.
Felony Probation and Monthly Meetings with Probation Officer
When you're on felony probation, you usually have to report to the probation department once a month. That means you must ensure you are checking in with your probation officer. They typically want you to be employed. They want you to remain arrest-free. So, they're just keeping tabs on you during the probationary period.
One aspect of felony probation that can be particularly challenging is the financial burden it imposes. While on felony probation, you're often required to pay for the probation department's services, which can be a significant expense. This financial strain can be particularly difficult for individuals who are already struggling to make ends meet at home, juggling bills and other financial responsibilities.
So, that will be one of your primary responsibilities if you're on felony probation — to keep tabs on your probation officer. They may often make you meet with the probation officer in person at the beginning of probation and then if they see that you're on the right track.
They'll either let you report by mail or go to a kiosk to show that you're still in Los Angeles County, don't have any new arrests, and are sticking on the straight and narrow.
Most felony probation after sentencing is three years, but I've seen them up to five years. I've even seen them longer in some rare and unique criminal cases. But usually, it's three years, and you're automatically off probation after the three years are up.
Reduce Felony Conviction to Misdemeanor
Jurisdiction is automatically terminated, and if the case is a wobbler, you can file a motion, or your attorney can file a motion (Penal Code 17b) on your behalf to get the felony reduced to a misdemeanor — ultimately trying to get the case dismissed so if anybody looks you up they'll see that your case was dismissed.
This is much better than having a conviction on your record. That dismissal is better. There's no such thing as a true expungement in California. So, if you're convicted of a felony unless a deal was worked out, you're usually not going to get the entire case wiped off your record, but you can get it dismissed.
If it's a straight felony, the felony conviction would be dismissed. If it's a wobbler, you could get it reduced to a misdemeanor and dismissed off your record. This reduction can bring a sense of optimism and a fresh start.
Early Termination of Probation
I have had cases where people were on felony probation where they could try to get their probation terminated early, or they could try to get it reduced to a misdemeanor before the three years is up, for example, in which case they'd be on misdemeanor probation. Early termination of probation is described under California Penal Code 1203.3. This possibility can bring a sense of hope and relief.
They wouldn't have to report to or pay the probation department anymore. They would be on misdemeanor probation, which means they wouldn't get in trouble or do anything criminal during the rest of the probationary period. Then, at the end of the probationary period, it would automatically be terminated.
In some circumstances, if you can mount a strong enough argument, the courts will terminate your probation altogether if you served a substantial amount of it and have a good reason for doing so.
For example, you cannot gainfully be employed in your chosen career because you have this criminal probation hanging over your head. So, felony probation can be severe. You lose the right to vote.
You lose the right to own, use, or possess a gun and ammunition, and the court and the probation department can impose several other restrictions on you. So, you want to be aware of those and comply with the court's orders and the probation department so you can get that reduction to a misdemeanor and dismissal. Hedding Law Firm is a criminal defense law firm in San Fernando Valley.
