10 Things to Know Before Agreeing to Felony Probation
Imagine that you are facing felony charges for your first offense. You have never done anything wrong in your life and are scared of what your future holds. The prosecutor asks to meet with you and your lawyer about making a plea agreement. He says he will recommend that you be placed on formal probation in exchange for your guilty plea. You breathe a sigh of relief thinking that you just got off easy.
The truth is that felony probation is not as easy as it seems. While it is definitely better than spending time in prison, felony probation is still meant to be punishment and can be very challenging.
1. You Can Still Go to Prison
Living under felony probation is a lot like walking on a tightrope over a pit. The slightest misstep will send you into a deep, dark hole, and it will take you years to claw your way out of it.
If you are on felony probation, you will need to meet regularly with a probation officer. The officer will evaluate your performance, checking to see whether you have complied with the terms and conditions of your probation. If you do not, you can be taken into custody and you could receive the maximum sentence allowed for the crime you plead guilty to.
2. You Have to Pay for Your Supervision
In addition to paying fines for your crime, there is a monthly fee for the cost of your probationary supervision. How much the fee will cost depends on the county that is supervising your probation and the nature of your crime. Payment of these costs cannot be included as a condition of your probation, which means you cannot be jailed for a probation violation if you fail to pay. However, the court can impose the debt as a civil judgment, allowing the unpaid costs to be recovered through other collection methods, such as wage garnishment.
3. You Can Violate Probation without Breaking Another Law
Your probation agreement is like a contract with California. Under that “contract,” you agree not only to break no other laws, but also to fulfill any conditions that are part of your probation. This means that if you fail to pay your fines, attend any required meetings with your probation officer, or complete any programs (such as a treatment program for alcohol or drugs), you could be violating your probation.
4. You May Be Able to Meet with Your Probation Officer by Phone
Meeting with your probation officer is a requirement of formal probation for a felony. However, after your first few meetings, and if the probation officer determines that you are in compliance, he or she has the discretion to allow you to maintain contact by phone, or by video communication, such as Skype and FaceTime.
5. Your Travel is Restricted
Typically, one of the conditions of your probation will be that you cannot leave the state without either notifying your probation officer, or getting the permission of the probation officer (if your case requires it). It is also a good idea to notify your probation officer even if you only plan to travel outside your home county. Before you make any travel plans, be sure you work with your probation officer so that your travel does not end up being considered a violation of your probation.
6. Your Ability to Move to Another State May Be Restricted
Similar to above, if you need to move to a different state, you must work with your probation officer. In many cases, you may be able to have your supervision transferred to another jurisdiction by petitioning the court and by getting the approval of your probation officer. If the move is due to your employment or if it is for family reasons, the court may be willing to grant your transfer to another state.
7. You May Be Required to Have a Job
California Penal Code section 1203.1(d) states that a court can require you to be gainfully employed. However, if you are unemployed, your probation officer has the discretion to consider you in compliance with your probation terms if you can show that you are actively seeking employment.
Where many people run into trouble is that they are unwilling to take jobs that they feel are beneath them or not worth their time. The best thing you can do is to take any job you can find, and then keep looking for another job that better suits you. As long as you have some employment, your probation officer will generally consider you in compliance with this condition of your probation.
8. Your Home and Person Can Be Searched Without a Warrant
A common condition of probation is that you agree to submit to a search of your person or property without a warrant. This is especially common in drug cases, because the court wants to verify that you are not in possession of illegal drugs. This may include drug testing as well.
9. Your Family is Not Entitled to Talk with Your Probation Officer
If you are over the age of 18, your probation officer is not allowed to discuss your case with anyone who is not affiliated with your case. This means people such as family members, friends, spouses, neighbors, and others do not have a right to be informed of the status of your probation. So, for example, if you are a young adult, and your parents want to know whether you are keeping up with your probation, the officer cannot give them any updates without your written permission.
10. You Can Violate Your Probation by Associating with the Wrong Crowd
Depending on your criminal history, the court can impose a restriction on who you are allowed to associate with while on probation. In 2011, the California Court of Appeals concluded that a “no-gang-contact” condition could be imposed if you have a criminal history that indicates you are involved in a gang, or if a family member has ties to a gang.
Contact the Defense Attorneys at Wallin & Klarich
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Hi Dawn,
Unless the court orders as a condition of probation that they not associate with each other they can continue to remain friends and spend time with each other.
Thank you
What happens when my po isn’t at work? I know they call the state office, but can ny home be searched by a liason po?
If you are on probation, you are subject to these searches.
Please feel free to call us at (877) 466-5245 if you have any further questions.
Thank you
What if your on gang terms and they find a letter that i wrote to my gf and it says my 1 & only love but the e is backwards so they charged me with vandalism? Is that something i can fight for? I am on felony probation
Hi Raul,
If you are being accused of violating probation, you should contact an attorney immediately. A lawyer may be able to show that your action does not constitute a violation of your probation. Violating felony probation is an extremely serious matter. Contact us today at (877) 466-5245 so we can begin to help you.
Thank you
I was in drug court for my felony and I completed 3 programs… One in jail and two out of jail…. I was told by my judge that I completed and graduated from drug court. Does that mean it was removed from my record?
Hi Jessica,
A felony is not likely to be removed from your record for going to drug court, but there may be some other options for you to get your criminal record cleaned. Contact us at (877) 466-5245 so we can discuss your case and advise you of your options.
We look forward to your call.
So, im currently on probation. Yesterday while checking in with my officer, she started to go through my cell phone without my consent. She looked through my pictures, text messages and social network sites and claims to have found some incriminating information. My cell phones were seized and sent to forensics for further analysis. They also placed me on house arrest so i cant run while they search through the data. Now, i know that while on probation my constitutional rights are diminished. But does that mean i lose all my rights to privacy? What about the rights of every person ive ever had a conversation with which is now in their hands? How is this at all legal? There is personal conversations between me and a previous lawyer, my doctor, naked pictures of me and my girlfriend…It doesnt seem right even if im on probation. Im told theyre going to take me to jail and revoke my probation if/when they find anything illegal. Can they do this to me?
Hi Nick,
Unfortunately, when you agree to probation, you give up a lot of your rights. It is best to follow all of the conditions of your probation and not commit any further crimes. If you have been accused of violating probation, we may be able to help you. Contact us at (877) 466-5245 so we can discuss your case in detail.
We look forward to your call.
I’m about to get off of a felony probation. I did happen to break a window at a restaurant and was charged with destruction of property. Never had to go to court just had to pay a fine. Will that be breaking my probation or will they look past that?
Hi Jason,
It is difficult to answer your question without more specific details about your case. It is possible that you could be charged with violating probation for this action, but that would be up to your probation officer and the judge in your case. If you are accused of violating probation, we may be able to help. Contact us at (877) 466-5245 so we can discuss your case further.
Thanks
So i am on felony probation and i had a one time relapse. I used just once which is so stupid and i know that. I have been clean since then and will not use again. However i got called to take a drug screen two days after my opiate use. That was over a week ago and I have not heard anything. I checkcon mycase to check for a warrant and my probation officer has not filed a warrant however i heard that while on felony probation the po can arrest you without a warrant. Is that accurate? I have considered calling and admitting to the relapse anyhow because i feel guilty. But if the test was negative i dont want to admit something that could violate me as well. I just dont know what to do. Any advice would be appreciated.
Hi Joyce,
You should never admit to committing a crime. You should speak to an attorney about your options. Feel free to call us at (877) 466-5245 so our attorneys can help you.
We look forward to your call.
I’m on felony probation for a three year term is there any possibility of getting off early?
Hi Joe,
It is possible to end felony or misdemeanor probation early. You should hire an experienced attorney to help you show the judge that your probation should be terminated early or certain conditions of your probation should be eliminated. Contact our attorneys at (877) 466-5245 so we can discuss how we can help you.
We look forward to your call.
I’m going to b sentenced for a felony soon a friend allowed me to use credit cards I raked up to about 50 thousand dollars but paid every Bill every month out of my own checking account my friends family took over this sotuation my lawyer said I had to plead guilty so I don’t go to jail so i did but sometimes when I think about it he let me use credit cards as long as the bills were paid an they were now I feel so trapped by the system I’m already 60 years old my life just feels like it’s over
Hi Maryann,
We may be able to help you, but we need more information about your case. Please contact us at (877) 466-5245 so we can discuss your case in detail and let you know how we can help you.
We look forward to your call.
I shouldn’t been charge with anything. I told the public defender that was doing my case that the drugs wasn’t mind but they still charge me an with the state of mind that I was in I pled to the charges an now that I’m in the right state of mind my mind clear an thinking well. I do not what to be charge of a crime that isn’t mine. With the charges i got now they trying to give my 5years in prison my 1st charges ever I’m stress out about it I shouldn’t be getting all this specially when the drugs wasn’t mind an my family had two of my charges drop what should I do
Hi Samantha,
You should consider hiring a private criminal defense law firm to handle your case. If you’re interested, please contact us at (877) 466-5245 so we can discuss how our attorneys can defend you against the charges you are facing.
We look forward to your call.
Can the judge give you 4 years for getting a DWI that was barely over the limit when you are on felony probation that you would have been off of in july?
Hi Sonya,
The punishment you face for a crime depends upon the specifics of your case. Without knowing the details, it is difficult to answer your question, but judges often have wide discretion in determining sentencing. If you’d like to discuss this further, call us at (877) 466-5245 so we can talk about your case in detail and see how we can help you.
Thank you!
Question if your already on probation, and you move from your resident home to a different home, would you be able to return back to your resident home that you just left?
I entered a plea to pay $125,000 in restitution but only $200.00/month for 10 years in administrative probation in exchange for Adjudication withheld. Probation ends this month after 10 years without missing a payment but there is still a balance. Probation officer tells me that the probation will not end because there is still a balance. Can the court resentence me because there is still a balance. My attorney told me at the time that the balance would become a civil debt.
Thanks for contacting us.
We recommend you call our lawyers at (877) 466-5245 to discuss whether not paying full restitution could be considered a violation of your probation. We look forward to your call.
Hi Lita,
If you are on probation, you should always inform your probation officer if you plan to move. Hope this helps.
Best of luck
if your felony probation was dismissed ..how long will the felony stay on my friends record??? then she got a civil judgment for $2100 whats that?? is that optional to pay
Hi Christy,
It is difficult to answer your question accurately without more information about your case. Our law firm may be able to help your friend clean his or her criminal record. Please contact us at (877) 466-5245 to discuss your friend’s case in greater detail.
We look forward to your call!
Can a juvenile with mental disability be tried as an adult without a competency test
Hi Lanetha,
In California, a minor who is at least 14 years old may be tried as an adult. If you believe your minor child is unfit to stand trial, the best thing you can do is contact a criminal defense lawyer who can help you request the court for a competency test right away.
If your minor child has a case pending in California, we may be able to help you now. Contact our offices at (877) 466-5245 for a free phone consultation about your child’s case.
Thank you!
can a blue warrant be issued after you have finished your probation? and can someone be charged with agg. assault w/ a deadly weapon , even if no one has been hit or injured?
is there a minimum amount of hours you need to work to be in compliance with your probation? or do you just need to have a job in general? I am on 5 years probation from Federal Prison and I currently live in FLA.
I’m on a 3 year probation. Can I pay my 3 year probation fee all at one time? It’s $45 a month. So 45 dollars a month times 3 years equals $1,620 dollars. If I paid this all at once then what happens? I still have restitution to pay. I already paid my court fees off.
My probation officer talked to my girlfriend over the phone was telling her details about my.probation and things he is going to do to me when I get done with an evaluation that he’s making me get. Is it legal for him to discuss terms of my probation or anything with anyone without my consent when I’m 25
QUESTION DOES PROBATION HAVE TO CONTACT MY LANDLORD IF MY BROTHER IS GOING TO STAY WITH ME THIS IS IN NEBRASKA OR DO THEY JUST NEED TO TALK TO ME
I’m out on a PR bond I got stoped with less than a gram of cocaine. 0.3 to be exact this is my first felony charge i just want to know what is the average amount of probation time i will get and how can I get the least amount .
Is there law saying you can not carry your cell phone on your person or not bring it into a State Of Florida Probation Office (Santa Rosa County ) Navarre florida
or Okaloosa County(Fort Walton Beach)