what to expect with felony probation with no attorney

What happens when you get on felony probation?

 · In California, felony (formal) probation allows a defendant convicted of a felony offense to serve some or all of the sentence out of custody but under the close supervision of a probation officer. Not all felons are eligible for felony probation in California. Judges will look at the facts of each case and consider several factors (as set forth in Section 2 above) to …

What happens when you meet with your probation officer?

 · Probation is a type of sentencing alternative that may be part of your sentence if you are convicted of a criminal offense. A defendant can be sentenced directly by the sentencing judge to a term of probation in addition to, or in lieu of, a period of incarceration in the county jail. Notice the term “jail” instead of “prison.”.

Can I get a job while on probation?

 · The second potential outcome is revocation. This means the judge could sentence you to prison time for the new violation. You mention that you are on a burglary probation, but not the level. A state jail level burglary can face confinement from 180 days to 2 years. A second degree felony burglary charge can range from 2-20 years.

What happens if you don’t pay your probation costs?

 · If the judge agrees, you will be revoked. If the judge does not believe revocation is appropriate, you continue with supervision. Individuals charged with all crimes face probation. Generally misdemeanor probation and felony probation are the same thing. Contact Van Severen Law Office at (414) 270-0202 for more.

Can someone on probation be around a felon?

You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer.

What is felony probation in Texas?

Felony probation is an alternative to a jail sentence. It is available in certain felony cases in Texas. In others, it is not an option. Depending on the case, probation can be issued by either the judge or the jury. Defendants who receive a probation sentence either do not go to jail or spend less time in prison.

What does informal probation mean?

Those on informal probation aren't formally supervised and don't have probation officers that they have to report to. Informal probationers report directly to the court, and they typically only need to do so when they: are submitting proof of completion of probation requirements (such as classes)

How does felony probation work in California?

Felony probation is an alternative to a prison sentence. After a conviction for a felony-level offense, the judge can put the defendant on probation, rather than in state prison. The defendant will then serve his or her sentence under community supervision, rather than behind bars.

How long can a felony charge be pending in Texas?

three yearsThe current waiting periods are 180 days for a Class C misdemeanor, one year for Class A and B misdemeanors, and three years for felony charges. Once their particular waiting period has passed, an individual can petition for expunction.

What happens at a probation assessment?

Assessments for the courts Pre-sanction report (also known as a probation report): the offender is assessed to see if they are suitable for a non-custodial (non-prison) sentence. This report will describe the offender and their family circumstances and will say whether or not they are an alcoholic or drug addict.

What's the difference between informal and formal probation?

Formal probation is when a person is required to check in with a probation officer and follow other conditions, such as drug testing or drug counseling. Informal probation means the defendant does not have a probation officer but is still required to follow the terms and conditions issued by the court at sentencing.

Can you travel on summary probation?

In California, people on summary probation can generally leave the state. However, any out-of-state travels cannot infringe on their ability to meet the other terms of their probation. Breaking any of those terms can violate probation. If this happens, probation may be revoked.

What is the difference between summary probation and formal probation?

“Summary” (or “informal”) probation is served without supervision by a probation officer. “Felony” (or “formal”) probation requires that you report to and be supervised directly under the authority of a county probation officer. It is up to the judge to decide the length of your probation term.

What are the rules for probation in California?

Summary probation typically lasts up to one year in California (though it can last longer if the specific crime statute calls for it). During that time, the defendant must comply with certain conditions – such as obeying all laws, going to counseling, paying restitution, or performing community labor.

What is the maximum probation period in California?

two yearsCalifornia Assembly Bill 1950 dramatically changes these probation time periods: for misdemeanors, the maximum probation term is now one year; for felonies, the maximum probation term is two years.

What happens if you violate felony probation?

There are 3 possible consequences of a felony probation violation: The judge can revoke probation and send the probationer to jail or prison, or modify the terms of probation to make them stricter, or reinstate probation under its original terms.

What is felony probation?

Felony probation is an alternative to a prison sentence. Convicted felons do not serve time in state prison for their offense. Rather, they serve t...

Who is eligible?

Eligibility depends on many factors. Probation eligibility factors include: the seriousness of the crime committed, whether the defendant was armed...

How long does formal probation last?

Felony probation generally lasts up to two (2) years for most non-violent felonies. Probation can last up to three (3) years for the following crim...

What are some common conditions?

Some common felony probation conditions involve: required meetings with a probation officer, the payment of restitution, submission to drug testing...

What happens if a person violates felony probation?

The court will hold a probation violation hearing. If the defendant is found to be in violation, the court can: warn the person and reinstate the s...

What happens if you are on probation for a felony?

If you are on felony probation, you will need to meet regularly with a probation officer. The officer will evaluate your performance, checking to see whether you have complied with the terms and conditions of your probation. If you do not, you can be taken into custody and you could receive the maximum sentence allowed for the crime you plead guilty to.

What is the condition of probation?

A common condition of probation is that you agree to submit to a search of your person or property without a warrant. This is especially common in drug cases, because the court wants to verify that you are not in possession of illegal drugs. This may include drug testing as well.

Can probation officers consider you unemployed?

However, if you are unemployed, your probation officer has the discretion to consider you in compliance with your probation terms if you can show that you are actively seeking employment . Where many people run into trouble is that they are unwilling to take jobs that they feel are beneath them or not worth their time.

Do you have to notify probation officer if you travel outside your home county?

Before you make any travel plans, be sure you work with your probation officer so that your travel does not end up being considered a violation of your probation. 6.

What is probation agreement?

Under that “contract,” you agree not only to break no other laws, but also to fulfill any conditions that are part of your probation. This means that if you fail to pay your fines, attend any required meetings with your probation officer, or complete any programs (such as a treatment program for alcohol or drugs), you could be violating your probation.

Can you violate probation without breaking another law?

You Can Violate Probation without Breaking Another Law. Your probation agreement is like a contract with California. Under that “contract,” you agree not only to break no other laws, but also to fulfill any conditions that are part of your probation.

Can you be jailed for probation violation?

Payment of these costs cannot be included as a condition of your probation, which means you cannot be jailed for a probation violation if you fail to pay.

What Is Probation?

Probation is a type of sentencing alternative that may be part of your sentence if you are convicted of a criminal offense. A defendant can be sentenced directly by the sentencing judge to a term of probation in addition to, or in lieu of, a period of incarceration in the county jail.

Your Rights While on Probation

Although you have retained your freedom, being on probation is legally the same as being in jail as far as some of your rights are concerned. You give up some of those rights while on probation because you are technically serving a sentence and you remain under the jurisdiction of the court.

Contact a Tennessee Criminal Defense Lawyer

If you have additional questions or concerns about probation, or about criminal defense in general in the State of Tennessee, it is in your best interest to consult with an experienced Tennessee criminal defense attorney immediately. Contact the team at Bennett & Michael today by calling 615-898-1560 to schedule your appointment.

What happens to probation while on probation?

While on probation, a probation officer or probation agent supervises the defendant. That individual has the power to revoke the defendant.

What happens if probation officer revokes probation?

Your probation officer proceeds with revocation proceedings . You have an opportunity to argue your case in front of an administrative law judge. If the judge agrees, you will be revoked. If the judge does not believe revocation is appropriate, you continue with supervision.

Do you get probation for sexual assault?

Generally individuals who commit sexual assaults do not receive probation. There are certainly exceptions. Third degree sexual assault is arguably the most mitigated felony sexual assault crime. The charge is a Class G felony, carrying with it a maximum possible sentence of 10 years in prison.

Can you be sober while on probation?

In most cases, your probation rules will prohibit you from having any contact with the victim. If drugs or alcohol influenced the offense, you will have to remain absolutely sober. Finally, completing an anger management or batterer’s intervention class will likely be a condition of your probation. Sexual assault .

What are the conditions of probation?

Frequently the conditions the defendant faces while on this kind of probation focus on sobriety. Generally you’ll be required to maintain absolute sobriety while on probation. Violent crime . Exceptionally violent crimes like homicide, armed robbery, and 1st degree sexual assault usually don’t lead to probation.

Is possession of marijuana a felony?

Certain crimes, like a second or subsequent possession of marijuana charge, are felonies. While the world is certainly changing, and many would argue this is a mitigated offense, it still applies. Possession with intent, delivery, and manufacturing cases all could lead to felony probation.

Does a judge announce a withheld sentence?

Withheld sentences . The judge does not announce a withheld sentence at the sentencing hearing. Upon a revocation, the defendant returns to the trial court for sentencing. For example, the judge sentences the defendant to 3 years probation. Unlike the previous example, there is no default penalty announces.

Filing An Appeal

A criminal attorney may want to file an appeal of your case. In the Appeals court, a judge may determine that there was a procedural error in the trial court. A judge may also determine that an issue of law remains and must be reconsidered. The judge will also have to cite his or her reasoning for the overturning of a conviction.

Effect Of Good Behavior

A criminal defense lawyer may also be able to reduce your sentence if you show good behavior during your time in prison. If you are helpful in completing tasks that are requested of you in the prison system, then you may be able to have your sentence reduced to probation.

What happens if you are a violent felony?

If you are a violent felony offender, the supervision will be even more intense. There will be extra conditions that you will need to comply with. The additional conditions that are usually imposed are

What is a violation of probation?

A violation of probation is a serious offense that can result in a harsher punishment than if you never were placed on probation in the first place. Probation violations are common in the criminal justice system. Many times the State will use a violation of probation as leverage when a person commits another crime, or is accused of committing another crime. The standard of proof in a violation of probation hearing is much lower than that in a normal case. So it is an easy way for the State to keep a person in the system.

How long is a felony sentence?

The typical felony probation sentence is at least 18 months in length. The probation period may last for the maximum amount of time allowed for your particular offense. So while 18 months is the usual minimum term, the maximum term for a probation sentence may be 5, 10 or 25 years.