How long will I be on formal probation?

Formal probation is typically imposed for a term of 3–5 years.[755] The length of your probation depends on what the court ordered, and that usually depends on what county you are being supervised in (since each county has some discretion to set the minimum length of formal probation within this range).[756]

  1. 755

    Cal. Penal Code § 1203.1(a) provides: “The court, or judge thereof, in the order granting probation, may suspend the imposing or the execution of the sentence and may direct that the suspension may continue for a period of time not exceeding the maximum possible term of the sentence, except as hereinafter set forth, and upon those terms and conditions as it shall determine. The court, or judge thereof, in the order granting probation and as a condition thereof, may imprison the defendant in a county jail for a period not exceeding the maximum time fixed by law in the case. However, where the maximum possible term of the sentence is five years or less, then the period of suspension of imposition or execution of sentence may, in the discretion of the court, continue for not over five years.” ↑

  2. 756

    Each county sets its own mandatory minimum. Alameda County, Alpine County, Inyo County, Placer County, Plumas County, Sacramento County, San Joaquin County, & Tuolumne County require a minimum of 5 years on formal probation, while most counties in California only require a minimum of 3 years on formal probation. ↑