California Unsupervised Probation
If you are facing criminal charges with the possibility of a probation sentence, you are in the right place. It is always better to be on probation than to serve jail time. Probation gives you a chance to live an almost normal life while serving your court sentence. Also, if you happen to violate the terms of your probation, a probation violation attorney can help you deal with such a situation.
Of the types of probation, the best one you can hope for is unsupervised probation. Courts usually grant unsupervised probation to people they perceive will not commit future offenses. There are still certain restrictions you will be subject to, but they are few. However, not every offender is eligible. Keep reading to properly understand the concept of unsupervised probation.
What Is Probation?
Probation is a type of criminal sentence that allows the offender to avoid jail time. Instead, they are released into society and given specific instructions to follow by the court. The court is more likely to grant probation for less severe crimes. The court also determines whether you meet other eligibility criteria for probation.
When you are under probation, you are not completely free because of the restrictive conditions. However, probation gives you a level of freedom to carry on with your life, which incarceration does not.
Types of Probation
The type of probation you get determines how you will be treated. Different rules govern them. The two main types of probation are supervised and unsupervised probation.
Supervised Probation
If you were sentenced for a crime and then received supervised probation rather than a jail sentence, you would be allowed to return to society. The major requirement that usually accompanies supervised probation is that you will be constantly monitored. It usually requires you to follow strict rules provided by the court. You would need to meet regularly with a probation officer assigned to you from your local probation office.
The probation officer is responsible for ensuring you abide by the conditions of your probation throughout its duration. In California, you are more likely to get supervised probation when you commit a felony, not a misdemeanor. Your supervised probation period can be between a few months to many years. However, it is the outcome of your court trial that decides your probation terms.
Unsupervised Probation
Unsupervised probation is the preferable form of probation. This is because you are not strictly monitored during your sentence period. Its rules and regulations are easier to comply with than supervised probation. This is because the conditions are usually more favorable. The court may grant you unsupervised probation if you have successfully served a period of supervised probation and there is little or nothing to monitor again.
The key difference between supervised probation and unsupervised probation is that there is no probation officer to monitor you in unsupervised probation. It is the closest way to live a comfortable life after being convicted of a criminal offense.
Unsupervised probation is often granted to people who:
- have been convicted of a minor misdemeanor,
- are first offenders,
- pose a low risk of danger to society and
- have completed most of the terms of their supervised probation
To increase your chances of getting unsupervised probation, it is essential to hire a skilled criminal defense lawyer when you are charged with a crime. An experienced criminal defense attorney can help you develop an excellent defense strategy against your criminal charges. This is crucial even if your charges cannot be dismissed completely. We may be able to help you get a reduced punishment for your crime, like unsupervised probation.
California Unsupervised Probation Law
California Penal Code Section 1203.3 states the court can terminate or modify how a sentence is executed at any time during the probation period. This allows the court to change a sentence from mandatory supervised probation to unsupervised probation after a period of time if it sees fit.
However, before the court can alter the sentence or terms of your probation, the law requires that a procedure be followed. First, an open hearing must be held in the presence of a judge. Also, the prosecuting attorney must be given a two-day notice before the hearing. Then, the court will decide if it sees it fit to revoke or alter your probation terms or sentence.
Conditions of Unsupervised Probation
Supervised probation usually comes with a long list of requirements and terms that you must adhere to, including reporting to a probation officer regularly and paying supervision fees. On the other hand, unsupervised probation usually has less stringent conditions, such as the following:
- ensuring you appear at court when necessary
- ensuring you do not commit a new crime
- paying all necessary court fines
- going for therapy
- doing community service
The specific terms you are given usually depend on the nature of your criminal case. An experienced criminal attorney can help you negotiate the terms and conditions of your probation. At The Law Offices of Christopher Chaney, our criminal defense lawyers may be able to help you.
What Happens if You Violate Your Unsupervised Probation
It is advisable to try your best to adhere to the terms of your probation. Probation violations attract many possible repercussions depending on what you did to violate the terms. Some common punishments given when you violate your probation are:
- Revocation: The court can sentence you to serve time in prison when you violate your probation conditions. In such a case, your probation is canceled.
- Warning: The judge may decide to give you a warning. This is usually the case when your breach is nothing severe. In this case, you will continue your probation the way it was, but you may be monitored more closely.
- More restrictions: In some cases, the court may allow you to continue with your probation but impose stricter terms for you to abide by.
Facing Probation Violation Charges? Contact Us Today
Violation of probation in California can have severe implications. If you have violated your probation terms, contact us immediately. Several legal actions can be taken against you, usually worsening your sentence. A Los Angeles criminal defense lawyer from the Law Offices of Christopher Chaney can help with your defense.
Also, if you have committed a criminal offense and are hoping to get probation, reach out to us. It does not matter whether you are a repeat offender or have an unpleasant criminal history. There may still be a chance for you to get probation. You do not need to spend time in prison when you can live your normal life. We offer free consultation at our law firm, so do not hesitate to contact us.
