Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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The criminal laws of most jurisdictions typically provide that people on felony probation can typically leave their county of residence upon the consent of the probation officer. A person on misdemeanor probation is usually free to leave the county provided that doing so does not violate any conditions of probation.
While misdemeanor probation is awarded to some offenders convicted of misdemeanor charges, felony probation is granted to some offenders convicted of felony charges.
Both types of programs allow an offender to serve most, or all, of their sentence under court supervision instead of custody in either:
Note that if a person violates the terms or conditions of his/her probation, the judge does have the authority to revoke probation and send the probationer into custody.
Defendants on felony probation can usually travel as long as they have their P.O.’s permission.
A person on felony probation can usually leave the county provided that he/she gets prior approval from his/her probation officer.
Misdemeanor probationers, on the other hand, are typically free to leave the county when they wish. This is if they do not violate any probation terms in doing so.
With both types of probation, it is wise for a probationer to consult with experienced criminal defense attorneys, or a criminal defense law firm, prior to:
A criminal defense lawyer will help protect the probationer’s rights and provide legal advice to ensure that he/she is not committing a probation violation.
A judge can impose travel restrictions as part of a person’s probation conditions. If a judge does impose such restrictions, a probationer is considered in violation of his/her probation if he/she violates the restrictions.
Consider, for example, a case where a person resides in Orange County, CA, and is on misdemeanor probation. When the judge in the case awarded the defendant probation, he/she did so with the specific condition that the defendant was not to leave the county. If the probationer later travels to Los Angeles County, then the person is in violation of his/her probation.
Note that in most states throughout the United States, judges have a great deal of discretion in crafting probation conditions.
Some common conditions of probation include that the defendant:
In some cases, specific probation conditions are required by state law. For instance, some states say that people convicted of certain crimes of domestic violence must complete a type of perpetrator treatment workgroup.1
If a defendant fails to comply with the conditions of probation, the judge can do one of three things. These are:
If the court orders the defendant to jail/prison, it can be for up to the maximum punishment for the original crime. There may also be an additional sentence if the probation violation involved a new criminal offense.
Keep in mind, though, that before a judge can revoke probation, a probation violation hearing must typically take place. At the hearing, the defendant will have the opportunity to deny or explain the violation.2
If the defendant fails to attend the hearing, or if the defendant loses, revocation immediately takes place and:
Probationers who travel without permission face possible revocation of their probation.
California law follows the general rules outlined above. While those on felony probation must get their probation officer’s approval prior to leaving the county, those on misdemeanor probation can typically leave the county if they are not otherwise violating their probation.
In addition, if a probationer violates probation, then the judge can take the same actions as outlined above.
The main difference between the two types of probation in California pertains to the types of offenders that they are available to.
Almost anyone convicted with misdemeanor charges can receive summary probation.
The purpose of this type of probation is to:
Courts, therefore, typically give summary probation to first-time and juvenile offenders. But even people with prior convictions may be eligible for it. A judge is likely to grant misdemeanor probation if a defendant will take advantage of a second chance.
Felony probation, on the other hand, is afforded to certain people convicted of felony charges (not misdemeanor charges). But note that not all people with felony convictions are eligible for this type of probation.
Whether or not a convict is eligible for formal probation depends on such factors as:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.