California Penal Code sections 1203 through 1227 define the parameters of probation and sentencing. Generally, probation is a period of time that you are released from custody with certain terms and conditions you must follow. Formal probation can be very burdensome and if you fail to comply with the terms and conditions, it can result in large amounts of jail time and other disciplinary actions.
A few examples of the terms of formal probation and parole that you must adhere to include:
Summary court or informal probation is much preferable to formal probation. If you are placed on summary court probation, your only conditions are to abide by the law and not pick up any new offenses. However, if you are unable to adhere to this condition, summary probation can also result in a large amount of jail time.
The phase “being denied probation” can be very good or very bad. If you are released from custody and denied probation, it means the court no longer has any hooks in you that it can use to throw you back in jail at some later time. However, if you remain in custody and are denied probation, it means you are going to serve the duration of your sentence in custody. Probation is typically denied to repeat offenders who have a track record of failing to comply with the terms and conditions of probation, and judges rarely release persons from custody after denying their probation. We are here to assist you through this process – call our Redwood City criminal defense lawyers.
Parole is a period after serving at least a portion of a felony sentence in state prison. Parolees are assigned parole officers, who maintain supervision during the duration of the parole term. If a person violates the conditions of their probation or parole, it may be revoked.