UPCOMING CHANGES TO PROBATION IN CALIFORNIA
2021 will bring about many changes much needed changes to our criminal justice system. One of these changes is California Assembly Bill 1950 [AB 1950]. AB 1950 changes the existing law to set the maximum term of probation for most misdemeanor cases to one year and the maximum term of probation for most felony cases to two years.
What Is Probation?
After being convicted of a crime, people typically serve jail or prison time and may also have to pay a fine. However, people convicted of a crime are rarely sentenced to the maximum possible punishment. Instead, judges often grant probation. Probation allows people to stay in the community instead of serving time in jail or prison. Probation requires that people comply with the terms and conditions of court-ordered rules. Once probation is completed, people may have their guilty plea dismissed or conviction by jury verdict “set aside.”
Informal Vs. Formal Probation
In California, there are two types of probation. Summary (or informal) probation and felony (or formal probation). Summary probation is served without the supervision of a probation officer whereas felony probation requires that you report to and be supervised directly by a probation officer.
CHANGE TO LAW IN 2021 MAY FREE YOU FROM THE TERMS OF YOUR PROBATION
Under the current law, people may be placed on probation for up to the maximum time set by the law (Penal Code 1203a). In most cases that is for three years for misdemeanors and up to five years for felonies. However starting January 1, 2021, the maximum time will be reduced to one year for most misdemeanor cases and two years for most felony cases. There is also a possibility that the change to probation may act retroactively for those currently on probation.
Contact Criminal Defense Attorney Wallin & Klarich Today!
If you or someone you know is about to be on probation or is currently on probation, contact Wallin & Klarich today. With over 40 years of experience, our attorneys will be able to let you know if you are eligible to be taken off probation and will guide you every step of the way throughout the process. Wallin & Klarich are dedicated to providing the best service to our clients.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles, and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (714) 587-4279 for a free, no-obligation phone consultation. We will be there when you call.