Can I Get Probation Instead of Jail Time in California?

California state law offers many sentencing options for an individual convicted of a crime. Instead of being subjected to jail time, defendants may be given probation. This system allows the individual to walk free and continue living in their community while under supervision. However, whether or not probation is an option in your case depends on a variety of factors. For more information about your rights and legal options, work with an experienced Red Bluff criminal lawyer.

What is Probation?

Probation is an alternative to incarceration that an individual may be sentenced to after being convicted of a crime. It is conditional freedom in a way, as the defendant is allowed to serve their sentence outside of prison given that they abide by the terms and conditions of their release.

The defendant’s release is supervised by a probation officer (P.O.) who is responsible for ensuring they abide by all court-ordered conditions, follow the law, and maintain stable relationships and employment. The officer’s role is to make sure the defendant reintegrates into society and does not fall back into old habits.

What Types of Probation Exist?

In California, there are generally two types of probation, misdemeanor and felony. Misdemeanor probation, also referred to as summary or informal probation, is less intensive. It can last up to 2 years but is usually over within one and generally has minimal or no travel restrictions. Misdemeanor probation may not require a P.O., the individual may simply have to check in with a judge at scheduled court dates.

Felony probation is more serious. It can last up to 5 years and requires supervision from a P.O. Individuals on felony probation likely have to get permission from their probation officer before traveling or moving homes. In severe cases, they may be required to wear an ankle monitoring device.

Regardless of the severity of your probation, it is generally better than serving time in jail or prison. With probation, you are allowed to maintain your freedom, employment, and personal relationships.

Can I Get Probation Instead of Jail Time in California?

Whether or not you can get probation instead of jail time depends on several factors unique to your case. In most misdemeanor convictions probation is the standard sentence, given that aggravating factors are not present.

When determining whether or not an individual is eligible for probation, the court will consider the following and more.

• The nature and severity of the crime
• Whether the defendant had or used a weapon
• The vulnerability of the victim
• Whether the defendant caused physical or emotional injury
• The amount of loss the victim sustained
• The defendant’s criminal record
• Whether the defendant shows remorse

Certain felonies are automatically ineligible for probation including murder, voluntary manslaughter, kidnapping, certain sex offenses, and more. If you are wondering whether or not you can get probation for your crime, reach out to a skilled attorney for more information and legal advice.