Probation and Parole
Probation is a period of either formal or informal supervision that takes place after a conviction on a criminal law case. Formal probation occurs after a felony conviction if the accused is not sentenced to state prison.
After a person receives probation on a felony case, the person on probation must have regular contact with a county probation officer and fulfil other conditions of probation. A primary condition is that there be no further violations of the law. The probationer can serve a certain amount of time in county jail, undergo counseling, drug or alcohol testing and treatment, pay certain fines or fees, pay restitution for any loss or damage, submit to search and seizure without a warrant, and other various terms.
Felony probation can last from 3 years, which is typical, up to five years. During the period of successful probation a probationer can petition for an early termination of probation under certain circumstances.
When a person on probation violates a term of the probation, probation can be revoked and a state prison sentence imposed. The probationer is entitled to a probation violation hearing before a judge at which evidence must be presented to prove the violation. If a violation is proven, the judge can reinstate probation or sentence to state prison for up to the maximum term.
Misdemeanor probation is virtually always informal. This means that the person on probation for the misdemeanor doesn’t have to visit a probation officer, but usually has to pay a fine, perform community service and in some instances attend counseling. A violation of misdemeanor probation will occur if the probationer doesn’t pay the fine, complete the community service or counseling or commits a new crime. If misdemeanor probation is violated, the maximum sentence in jail can be imposed.
The good news for persons on probation is that after successful completion of probation on either a felony or misdemeanor case, a petition can be filed to ask the court for a dismissal of the charge.
As in all cases, it is best to have an experienced criminal law attorney represent you when you are accused of violating your probation or are seeking a dismissal after successfully completing probation. Criminal Law Specialist Matthew Kaestner has represented hundreds of persons accused of violating their probation and has a proven track record of getting probation reinstated to avoid prison. He has successfully obtained dismissals for persons who successfully completed their probation, even on serious felony cases.
Parole is the period of supervised release that occurs after a person has been sentenced to and served time in the state prison on a felony case. The term of parole is usually 3 years. However, persons who do exceptionally well on parole are oftentimes discharged from parole in shorter periods of time.
Like probation, a person on parole must visit his parole officer regularly and fulfill the conditions of parole that usually include drug testing, counseling, employment training and drug and alcohol treatment.
Unlike probation, if a parolee violates a term of his parole, he can only be sentenced to up to 1 year in prison on the violation of parole. If the parolee is violated for picking up a new criminal case, he can do time on the new case as well as the violation of parole.
Like probation, a parolee is entitled to a hearing before a Department of Corrections hearings officer if he is accused of violating parole. At this hearing, the parolee is entitled under certain circumstances to have an attorney present. These circumstances include when the parolee is accused of violating his parole by committing a new serious crime.
For any other questions about probation or parole contact Long Beach Criminal Law Specialist Matthew G. Kaestner directly at (562) 688-3445.
Matt Kaestner Attorney. This website is designed for informational use only and the information presented on this website should not be construed to be formal legal advice nor the formation of an attorney/client relationship.
For more information about the Law Office of Matthew Kaestner visit his site at www.lbcrimlaw.com.