Probation in Orange County
Probation is an act of judicial clemency where the imposing of a harsher sentence is suspended and a milder sentence is substituted. It is made very clear to the convicted individual that the harsher sentence will go into effect if the person fails to abide by the terms and conditions of the probation order.
To put is simply, it is a legal enforceable order where the court tells the convicted person do this and that during this specified period of time, stay out of trouble, be of good character, and do not let me see you in court again. Probation allows a convicted individual to live in the community for a specified period of time.
Probation refers to a kind of deferred punishment given to the defendant as part of their sentence. It may be in addition to jail time or it may be instead of jail time. The convicted person is required to report to a probation officer at regular scheduled appointments. The frequency of the scheduled appointments  is based on the type of crime committed (misdemeanor or felony), as well as the individual’s prior criminal record, the risk they pose to the community, as well as other issues. Those persons that are considered to have the highest level of risk to violate their probation may be required to report weekly. Those who have the lowest risk of disobeying their probation may report on a monthly or quarterly basis.
The probation officer will typically make inquires to ensure the offender is complying with the terms, restrictions, and conditions of their probation. The convicted person may be required to show proof they are employed and doing the assigned community service. Depending on the crime, the offender may be required to submit to periodic blood tests.
It is important to note that it is a criminal offense to disobey a probation order. If the individual violates the probation order, it is cause for them to be immediately jailed or to have the heavier sentence imposed. At the time of sentencing, the heavier sentence was deferred due to granting the convicted person probation.
Everyone does not receive the same period of time they are on probation. Additionally, everyone does not receive the same probation conditions. It is dependent on the crime and the individual’s behavior. Below are some examples of probation conditions:
- Jail Time
- Paying Restitution to the Victim of the Crime
- Attending Educational Classes or Programs, Such as Anger Management, Alcohol or Drug Counseling, or Even Parenting Classes
- Paying a Fine
- Obeying all Laws
- Staying Away from the Victim
- Avoiding Certain Areas (Neighborhoods or Intersections Common in Drug Dealing Cases)
A key element of probation is that the defendant has to agree to the probation. They can elect to refuse probation and serve their sentence. Sometimes for a misdemeanor this would be preferred. A criminal defense lawyer from Coffey & Coffey will be able to clearly explain any offers, and how they may affect you now and in the future. Without the benefit of your own criminal defense attorney looking out for your interest, you may choose a course of action that is not the best for you.
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