I am on informal probation. What conditions will the court impose on me?
Once informal probation is ordered, the court will decide what conditions of probation to impose on you. Below is some general information to know about your conditions of probation.
Conditions set by the Criminal Court Judge:
The judge in the criminal court has a lot of freedom in determining the conditions of your informal probation, and can impose any reasonable conditions for the purposes of rehabilitation or to protect the community.[735] However, the court cannot impose a condition that is unreasonable or that does not properly take into consideration the circumstances of your case.[736] Informal probation conditions differ from offense to offense.
Some common examples of informal probation conditions are:
- “Violate no laws” – This is a general condition for everyone on informal probation, that means you cannot break any laws while you are on informal probation (minor traffic offenses do NOT count);
- No-contact (stay-away) orders – These prevent you from being around or communicating with certain individuals;
- Restitution payments OR community service – Courts are required to order restitution payments, either to the victim or to the state, as a condition of probation.[737] Read more about restitution payments in the COURT-ORDERED DEBT CHAPTER, beginning on PG. 654.
WHEN WOULD A COURT ORDER COMMUNITY SERVICE INSTEAD OF RESITITUTION?
For example, if you are unemployed due to a disability, and unable to make restitution payments to the state, the court may order you to instead complete community service (Cal. Penal Code § 1202.4(n)). But if your probation is revoked, the court must impose restitution instead (Cal. Pen. Code § 1202.4(n)).
- Up to 1 year in county jail;[738]
- Anger management courses;
- Substance abuse treatment programs;
- Restrictions on your ability to have access to or carry weapons;[739]
- Fines of up to $1,000;[740]
- Minimum fine or jail sentence sometimes required by law – For some misdemeanor convictions, the court must impose a minimum fine or jail sentence as a condition of your probation.[741]
- 735
Cal. Penal Code § 1203.1(j). See also People v. Carbajal, 10 Cal.4th 1114, 1120 (1995). ↑
- 736
People v. Carbajal, 10 Cal.4th 1114, 1121 (1995). ↑
- 737
Cal. Penal Code § 1202.4(a). However, if the court finds “compelling and extraordinary reasons for not imposing restitution,” it must order community service as a condition of probation instead, unless it also finds “compelling and extraordinary reasons” for not requiring community service. Cal. Penal Code § 1202.4(n). ↑
- 738
Cal. Penal Code § 1203.1(a). ↑
- 739
See First District Appellate Project, Probation Conditions: Adults and Juveniles—What Types of Conditions are Unreasonable and Unconstitutional, http://www.fdap.org/downloads/articles_and_outlines/Seminar2011-ProbationConditions.pdf. ↑
- 740
Cal. Penal Code § 1203.1(a)(1). See also http://www.scscourt.org/self_help/criminal/misdemeanors.shtml. ↑
- 741
For example, if you are convicted of driving on a suspended license and this offense occurred within 5 years of a prior offense for driving on a suspended license, the court must impose a minimum 10-day jail sentence as a condition of probation (see Cal. Veh. Code § 14601(c) (West 2014)). The Cal. Gov’t Code also has special mandatory probationary terms for specific offenses, such as completion of a domestic violence rehabilitation program (DVRP) for those convicted of a crime of domestic violence (see Cal. Penal Code § 1203.097(a)(6) (West 2014)). ↑
I am on informal probation. will I have to report to a probation officer?
No. If you’re on informal probation, you’ll report to the County Superior Court.[742] The judge gets to decide how you will report and how often you will have to report. In some cases, the judge may ask you to appear in court for “progress reports” to make sure you are following the conditions of your probation.[743] In most cases, however, you will not actually have to appear in court; the court will monitor your progress through your attendance in required courses or treatment programs. But if you fail to attend these courses or programs, you may have to go to court to explain to the judge why. Make sure you contact the probation department in your county for a list of courses or treatment programs that the court recognizes and accepts.
What will the judge look for if I have to go to court for “progress reports?”
When you go to court for a “progress report,” the judge will be checking to see if you are following the conditions of your probation. The judge will also ask you about your participation in any programs (e.g. AA meetings, anger management classes) that you were assigned as part of your probation.
It is important that you BRING DOCUMENTATION of any progress or positive steps that you’ve made toward fulfilling your probation conditions. For example, you should bring written proof of your attendance in court-ordered treatment programs, or of the number of hours of community service or public works service you have completed.
How do I change a condition of my informal probation?
Under state law, you can ask the judge to modify (change) your probation terms AT ANY TIME.[744] This does not mean the judge will do so, but you can always ask!
WHAT IS "GOOD CAUSE”?
“Good cause” means a reason that is persuasive enough to convince a judge that s/he should make an order.
To ask the judge to change a condition of your probation, you have to file a motion with the court that is monitoring your probation, asking that your probation conditions be modified. You must show why there is a good reason (“good cause”) for the judge to modify your conditions. Remember to bring all documentation of your progress with you to court (such as reports and attendance sheets from any courses you were required to take as part of your misdemeanor probation).
There is no standardized statewide form for requesting a modification of probation conditions, but some counties may have local forms for this purpose. You can contact the county Superior Court clerk’s office to find out if there is a local form for requesting a change. If not, you and your attorney will have to draft a motion. If you had a public defender assigned to your case, you can ask him or her to file a motion to modify your probation terms for you. If you had a private attorney but can no longer afford one, you may call the public defender’s office and ask if they will represent you in your attempt to change your probation conditions.
Before the judge can modify your conditions, the court must notify the prosecutor (the district attorney) in your case, and hold a hearing in which the prosecutor will have a chance to speak.[745] If the judge decides to change your conditions, he or she must state the reasons for doing so.[746]
For more information on the process for filing a motion to modify the conditions of your probation, see Appendix Y, PG. 311.
IF YOU ARE ASKING FOR THE CHANGE BECAUSE OF A DISABILITY:
If you are asking to change a condition because of a disability, you should explain why your disability makes it difficult for you to comply with your current probation conditions, and what changes (in conditions) or assistance (from the probation department or other services) you need to successfully complete your probation. For example, if you were ordered to perform public works service (like highway cleanup), but your disability prevents you from doing so, you may ask the judge at the local county superior court for a modification that allows you to do community service (like volunteering at the local public library) instead.
When you go to court, remember to BRING DOCUMENTATION OF YOUR DISABILITY and explain the reasons why your disability makes it difficult for you to follow the current conditions and rules of your probation.