Los Angeles County Criminal Lawyer Blog

Under California law, those who are convicted of misdemeanor crimes, and even many types of felony crimes, may receive probation in order to avoid time in jail, but with probation comes many rules that can result in an offender ending up in jail if violated. However, not all grants of probation carry the same terms and conditions, and each offender must adhere to various rules and guidelines in order to stay out of jail.

Probation is defined as a "conditional sentence" under California Penal Code 1203 and has conditions of revocable release. Because there are so many rules for those on probation, it is important to understand what actions may cause a probation violation. Terms and conditions of probation that could result in jail time if violated include, but are not limited to, the following:

• Failure to pay restitution or fines;


• Violation of restraining order;


• Failure to reporting to a probation officer if ordered to do so;


• Failing drug or alcohol test when drug and/or alcohol abstinence is required;


• Failure to comply with the rule of drug and/or alcohol recovery programs;


• Failure to verify employment when required to do so;


• Failure to comply with sex offender registration requirements (for a sex offense crime);


• Failure to comply with ignition interlock device requirements (for drunk driving);


• Failure to complete alcohol school in DUI matters;


• Failure to attend therapy;


• Failure to comply with various search terms (usually associated with drug or theft related cases). In cases the probationer will be subject to police searches without warrant or probable cause; and


• Failure to complete community service.

Depending on the severity of the crime and whether it is classified as a misdemeanor or felony, violations may result in time spent in county jail or state prison, respectively. Due to the strict nature of probation, even one violation of any provision may result in prison time for an offender in a felony case.

Misdemeanor Probation
It should also be noted that typically, misdemeanor probation is informal. This means that it is unsupervised in that there is no probation officer to report to. The probationer is in effect on probation to the court and must comply with the court's terms and conditions of probation in order not to be found in violation. One exception to this is misdemeanor probation for a first, second, or third time DUIs in Ventura County. Even though the probationer is granted misdemeanor probation, it is formal probation in that they will be required to report to and be accountable to a county probation officer.

Felony Probation
As for probation granted in felony cases, the probationer will always be required to report to the county probation office and will be assigned a probation officer to report to on a regular basis. Therefore, felony probation is always formal probation. If the probationer is found to be out of compliance with the terms and conditions of their probation, the assigned probation officer will report the violation to the court and the court will commence probation violation proceedings.

It should also be noted that a plea agreement can consist of some county jail time followed by probation. Just because someone is granted probation does not necessarily mean that county jail time will not be part of a plea agreement.

Length of Probation
As for misdemeanor probation, the term of probation typically lasts for three years. That said, depending on the charge and the county, the probationary period can be as little as one year or as long as five years.

As for felony probation, the typical term of probation is three years but in some cases will last as long as five years.

Probation is a chance for those convicted of a crime to continue with their lives and not suffer many of the penalties that often alter an individual's life permanently. However, even small mistakes may result in harsh punishments for a person on probation. If you or a loved one is facing allegations of violating the terms of probation, contact a Ventura probation violation attorney at the Law Offices of Daniel Kann at (805) 290-4932 for information on how we can help you today.

Actress Lindsay Lohan was sent back to jail on Wednesday with bail set at $100,000 for violating the terms of her probation and mandatory community service stemming from her May theft and drunk driving convictions. According to The Los Angeles Times, as part of Lohan's probation, the actress had been sentenced to 360 hours of community service at a women's center and 120 hours at a morgue.

In the six months since her sentencing, she had done 21 hours of service at the women's center and none at the morgue. Lohan cited that she had chosen to work at the American Red Cross instead, but the change was apparently never approved by the courts. If Lohan makes bail, she will have to regularly perform her community service until her November probation hearing to see if any further punishments will be levied against her.

Probation is a welcome sentence to many who are convicted of a crime in court, as it spares them from jail or prison time. However, probation comes with many terms. Those sentenced to probation must meet certain conditions, such as:

• Random drug testing;
• Community service;
• Reporting to his or her probation officer;
• Attending education and/or rehabilitation programs;
• Inability to possess a firearm;
• Payment of fines, restitution, and/or court fees;
• Required employment; and
• Curfew.

Violation of any conditions of a convicted person's probation can lead to revocation of probation, additional requirements, fines, an extended probationary period, and jail time.

Continue reading "Lindsay Lohan Sent to Jail for Probation Violation" »

It's been four years since Lindsay Lohan was convicted of DUI charges, but she's still dealing with the conviction to this day because of the terms and conditions of her probation, ABC News reports.

DUI in Los Angeles requires an aggressive defense because otherwise you could be stuck dealing with a probation officer for several years after a conviction. While some people jump at the chance to avoid jail in lieu of probation, it can be a bad choice, depending on the commitment of the defendant. That's why hiring an aggressive Los Angeles DUI Lawyer to guide you through the criminal justice system and help you make the best decisions is imperative.

ABC News recently reported that Lohan was hauled back before a judge at Los Angeles Superior Court because she failed an alcohol test and was recently spotted by paparazzi having a rooftop party with friends; she's serving time on house arrest for an unrelated theft charge. A judge, however, ruled that she didn't violate her probation because there was no order in place to test her for drugs and alcohol.

The judge, however, ordered her not to host any more parties and sternly warned her not to do stupid things that fly in the face of the court.

More than 500 motorists a day are charged with drunk driving in California, totaling more than 200,000 people a year. And many of those people will end up serving time in a county jail. Others may be looking at a term of probation.

And what many people misunderstand about probation is how difficult it can be to complete. Los Angeles DUI Lawyers have heard clients say they'd rather go to jail than serve time on probation because they know they will fail. Not only does probation cost money each month, but the terms and conditions of probation for DUI can include random drug and alcohol testing (that the defendant must pay for), leaving one's home only between certain hours and having a probation officer keep tabs on your life 24 hours a day.

And many times, not complying or failing a term of probation can lead to jail time anyway. Judges will sometimes tell defendants that if they fail probation they will be eligible to be put into jail for the entire term of probation. So, if someone is serving three years of probation and fail probation, a judge may sentence them to three years in prison.

And probation for DUI can be put in place on top of or instead of other terms that apply to first-time DUI convictions:

• Up to 6 months in jail


• Up to $1,000 in fines


• A 6-month driver's license suspension


• Completion of DUI school


• Installation of an ignition interlock device

So, make no mistake: probation is a serious sanction for someone convicted of DUI. And that's why fighting a DUI charge in Los Angeles is so critical. Even a first-time offense requires an aggressive defense to protect a person's rights and ensure they get the best resolution possible in their case.

Continue reading "Lindsay Lohan's 2007 DUI Conviction Leads to Probation Problems Still Today" »