What Are the California Laws Regarding Probation?
California probation laws include requirements to pay court-ordered fines and appear at designated court hearings. California law gives a judge the authority to ascertain probation eligibility. Both felony crimes and misdemeanor crimes may qualify for probation, according to Wallin and Klarich Criminal Defence Attorneys.
California law allows probation for felony crimes depending on a particular set of factors. The California Rules of Court 4.414 outlines these factors, which include victim vulnerability, the defendant's previous record, dependents of the defendant, and how criminally sophisticated the crime in question is. Before issuing probation, a judge requests for a probation report, which the county probation issues. This report includes recommendations such as restitution amount and the length of the probation period, states Shouse California Law Group.
Types of probation in California include summary and felony probation. Felony probation requires direct supervision by a county probation officer. Most probation terms are three to five years. California law allows judges to impose probation periods up to the length of a standard prison sentence for the crime. People on probation who fail to adhere to the required terms and regulations serve time in custody, says Wallin and Klarich Criminal Defence Attorneys.
A judge determines the particular terms and conditions for each case. Police officers arrest defendants who violate probation without a warrant, according to Wallin and Klarich Criminal Defense Attorneys.