Because of the individual nature of a sentence, it is always best to consult with an experienced California criminal defense attorney. If you have specific questions about your sentence, however, a general overview of common probation sentencing terms and conditions may also be useful to you. Learn more about probation sentencing in California in this presentation.

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Because of the Individual Nature of a Sentence It Is Always Best
to Consult with an Experienced California Criminal Defense Attorney If You Have Specific Questions About Your Sentence; However, a General Overview of Common Probation Sentencing Terms and Conditions May Also Be Useful to You
UNDERSTANDING YOUR PROBATION SENTENCE IN CALIFORNIA
DOMENIC J. LOMBARDO

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If you have been found guilty of a criminal offense in the State of California you were then sentenced by the judge presiding over your case. Ideally, your sentenced was explained to you in detail by the judge and/or by your criminal defense attorney. Unfortunately, that does not always occur. Defendants frequently walk away from their sentencing hearing without an adequate understanding of the terms of their sentence. Probation is particularly confusing to many people as the terms of a probationary sentence are often mentioned rapidly and without going into detail in court. This frequently causes confusion and even unintended violations. Because of the individual nature of a sentence is it always best to consult with an experienced California criminal defense attorney if you have specific questions about your sentence; however, a general overview of common probation sentencing terms and conditions may also be useful to you. HOW YOUR SENTENCE IS DETERMINED
When someone is charged with a criminal offense the charge may be resolved in one of three ways – dismissal, plea agreement, or trial. Dismissal means that the prosecuting attorney dismissed, or “dropped”, the charge against you. A plea agreement is an agreement you enter into with the State of California wherein you agree to plead guilty to the charge in exchange for a set, or pre- determined, sentence (in most cases). You might also decide to enter into a plea agreement in exchange for dismissing additional charges against you and/or reducing a charge to a less serious offense. “Wobblers”, for example, can be charged as either a felony or a misdemeanor in California. A plea agreement might include the condition that you be sentenced to the misdemeanor instead of the felony if you are charged with a wobbler. If your case is resolved at trial you have the option to have a judge or a jury decide your fate. If you are found guilty at trial your sentence will be handed down after the trial, meaning you do not know what the terms of your sentence will be until after the trial.

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FACTOR THAT ARE TYPICALLY CONSIDERED DURING SENTENCING
Whether you are sentenced pursuant to a plea agreement or after a trial there are several common factors that are typically considered when deciding a defendant’s sentence including:
Severity of the offense –felonies carry a harsher potential sentence than misdemeanors. In addition, violent crimes are often viewed as more serious than a non- violent crime within the same severity level. Victim statement –if the crime included a victim, the victim’s opinion will usually carry a considerable amount of weight with the sentencing judge. Defendant’s criminal history –if you are a repeat offender you may face mandatory sentencing. At the very least the judge will likely consider a harsher sentence because of your criminal history. Acceptance of responsibility –a judge will often, but not always, be more lenient if you accept responsibility by entering into a plea agreement. Personal circumstances –things such as a history of drug addiction, abuse, or mental illness will often be relevant at sentencing.
PROBATION IN CALIFORNIA
If you are convicted of a misdemeanor or a less serious felony there is a good chance that you will be sentenced to a probation only sentence or that you will only be required to spend a short period of time in jail followed by a lengthy term of probation. Either way, it is important that you understand what probation means in California. Specifically, you should understand the following terms and concepts:

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Suspended sentence –typically, a judge will actually sentence you to a term of incarceration but then suspend the sentence. Defendants often fail to understand this important portion of their sentence, focusing instead on the fact that they are not required to go to jail right then and there. If you violate your probation, however, you can be ordered to serve your suspended sentence. Formal probation –formal probation is usually used when a defendant is convicted of a felony offense. Not all felonies, however, are eligible for probation. More serious, violent felonies and some sex crimes are ineligible. A thorough report is done by the probation department prior to sentencing and recommendations given to the sentencing judge. While on formal probation you must report to a probation officer on a regular basis. Formal probation generally lasts for three years or more. Informal (Summary) probation –informal probation is ordered when a defendant is convicted of a misdemeanor and the defendant is not considered to be a high risk offender. When convicted of a misdemeanor, the judge will not usually order a probation report prior to sentencing. In addition, informal probation does not require a probationer to report to a probation officer as does formal probation. Instead, you will simply be required to report to the court several times during your probationary term to let the court know how you are doing. Informal probation generally last for anywhere from six months to three years. Conditions of probation –all probationers must abide by standard conditions such as not committing a new crime and maintaining employment/enrollment in school. In addition, you may be ordered to complete special conditions such as payment of restitution or completion of a substance abuse rehabilitation program. You could also be required to serve some of your probationary period on “house arrest” , be required to install an ignition interlock device on your vehicle, or be ordered to wear an electronic monitor attached to you. Failing to understand and complete your special conditions will likely result in a probation violation being filed. Sex offender registration – if you are convicted of certain sex offenses you will be required to register as a sex offender. Failing to comply with this requirement is taken very seriously in California and will likely lead to a violation of your probation.

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VIOLATING YOUR PROBATION
Whether you are on formal or informal probation you can be violated at any time up to the point at which your probation is officially closed out with the court. An allegation that you have violated your probation should be taken seriously because of the potential consequences should you be found in violation. Violations fall into two broad categories: Technical –this includes things
such as failing to pay restitution, failing to maintain employment, or failing to appear for a scheduled hearing. New Offense–probationers are often unaware that they can be violated for being charged with a new offense.
If your probation officer and/or the court is made aware of a condition that may qualify as a probation violation you will either be arrested or be served with an order to appear at a probation violation hearing. You have the right to defend yourself against the allegations and to have an attorney represent you at the hearing. If the judge does, however, find the allegations to be accurate, the judge may do one of three things: Continue probation unchanged –if the violation was a relatively minor one and you provided the court with a reasonable explanation for the violation the judge may simply continue you on probation without any change. This is unlikely if you have a history of violations, you have a significant criminal history in general, or the violation was something serious. Continue probation with changes –for more serious violations a judge may allow you to remain on probation but may modify the terms of your probation. For example, if

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you tested positive for drugs the judge might decide you have a substance abuse problem and order an evaluation and counseling as needed. Revoke probation –the judge can revoke your probation entirely. Serious and/or repeat violations are most likely to end in revocation. If the judge revokes your probation you will likely be ordered to serve some, or even all, your suspended sentence, or “back-up” time.
Because of the complex nature of the probation system in California it is always in your best interest to go over your probationary sentence with your California criminal defense attorney to ensure that you have a thorough understanding of all the terms and conditions of the sentence. If you have been charged with a violation of your probation in California it is also best to consult with an attorney immediately.
San Bernardino County, Adult Probation Frequently Asked Questions
San Diego Superior Court, Standard Sentencing Guidelines
Criminal Defense Lawyer.Com, California Felony Crimes by Class and Sentence

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About the Author
Domenic J. Lombardo
Domenic J. Lombardo, (Attorney at Law) graduated from University of California, Los Angeles (U.C.L.A.), earning a B.A. in Economics-Business, before graduating with his J.D. from University of California, Hastings School of Law. He passed the California Bar Examination on the first try, and immediately began practicing as a criminal defense attorney in San Diego, California.
Mr. Lombardo worked as a defense lawyer at the San Diego Office of the Public Defender from 1991 to early 1996.
Mr. Lombardo opened the Law office of Domenic Lombardo in 1996 as a sole practitioner dedicated entirely to the defense of individuals accused of crimes. And while Mr. Lombardo works as the primary attorney for all his cases, he does have a team of investigators, forensic consultants, and paralegals to call on to help achieve the best possible result in every case.
When he is not working, Mr. Lombardo is an avid family man, triathlete, and world traveler.
The Law Office of Domenic J Lombardo
The Executive Complex 1010 Second Ave., Ste. 1820
San Diego, CA 92101
www.AttorneyLombardo.com