Whether you are on felony probation or a loved one is, you might have questions about how the process works. If you are being charged with felony probation violation, or you are charged with a crime that could result in felony probation, contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation. In the meantime, keep reading to get answers to some of the most commonly asked questions about felony probation.
How Long Does Felony Probation Last for Non-Violent Crimes?
It depends. In most cases, felony probation for a non-violent felony lasts up to two years. However, it can last up to three years if the non-violent crime involved more than $25,000 in stolen goods through grand theft, and false personation and cheats, or embezzlement.
How Long Does Felony Probation Last for Violent Crimes?
It could last as long as the person would have spent in prison unless the maximum prison time was five years. In that case, the probation sentence cannot be longer than five years.
What Other Penalties Can a Person Face Beyond Felony Probation?
When a person is placed on felony probation instead of going to state prison, the judge can also impose county jail time, restitution to the victim(s), fines, and other terms and conditions as they see appropriate. Note that they do not have to do any of this.
Can Anyone Be Put on Felony Probation?
No. They must be eligible under California law. For example, if a person has been convicted of certain crimes they are not eligible, or if they have been previously convicted of certain crimes. However, there are unusual cases in which the judge can determine that the interests of justice would be best served if the person was granted probation rather than sent to prison.
What Factors Are Considered to Determine if a Person Should Be Given Probation?
When a person is convicted of a felony and is eligible for probation, the judge will refer the case to a probation officer who will investigate the circumstances of the crime and the criminal history of the convicted party. The probation officer then crates a written report in which they either recommend granting or denying probation, whether or not restitution should be made, and what conditions of probation should be assigned if probation is granted.
What Does a Person Have to Do if They Are On Felony Probation?
The judge will provide specific conditions and terms that must be followed. They can include paying fines, spending time in county jail, paying restitution directly to the victim or the Victim’s Restitution Fund, and paying bonds to ensure that they follow the conditions of the probation.
The judge can also require that the convicted party attend drug or alcohol treatment, attend AA or NA meetings, complete anger management classes, or take parenting classes.