Probation: Formal versus Informal or Summary Probation

Most criminal sentences that do not entail state prison, require probation. Probation normally lasts anywhere from 1 year for the least serious crimes on up to 5 years for more serious offenses. There are generally two types of probation: Formal and Informal or Summary. Formal probation usually follows a felony and/or domestic violence conviction. Formal probation involves assignment of a specific probation officer to oversee the probationer. This often includes periodic meetings at the probation office as well as unannounced visits to the probationer’s residence. Also, typically, a person on formal probation cannot leave his or her county of residence for more than 48 hours without first getting permission from their probation officer. As you can see, formal probation can be extremely intrusive on the probationer’s life. Therefore, if you are charged with a crime, contact criminal defense attorney Jonathan Turner.

The other type of probation is informal or summary probation. This type of probation normally accompanies less serious misdemeanors. There is no probation officer assigned in this case and the probationer may travel freely. However, informal probation can include terms that restrict the probationer’s freedom. For example, it is not uncommon for informal probation to include terms that prohibit possession of weapons and firearms, alcohol and where a person may or may not go such as specific businesses like bars and clubs. Also, informal or summary probation may include a “search and seizure” condition. This means that the probationer may be searched at any time by an officer whether the officer has a warrant or probable cause to search the person or not. For example, a person with a search and seizure condition who is pulled over for speeding, may then be asked to exit their car and frisked and their car searched. In short, even informal or summary probation can be a huge burden on the probationer.

Lastly, any violation of probation or a probationary term, will lead to a formal violation of probation (VOP) proceeding in court. Typically, violations of probation result in jail time.

If you are facing charges and thus the potential for being placed on probation, contact Sacramento criminal attorney Jonathan Turner. Mr. Turner has years of experience representing the accused all over Northern California.