Conditions of Formal Probation

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IMPORTANT: It is important to know the conditions of your probation because, if you do not follow the terms and conditions of your formal probation, your probation could be revoked and you could:

    Be sent to jail, or go to prison (where the court had earlier suspended a prison sentence by granting you formal probation);[758] Be sentenced to the maximum sentence authorized for the crime you were convicted of;Have additional terms, such as public works service (“PWS” or “volunteer works”) or community service added to your probation;[759]Have your probation revoked, and reinstated, for a new period of three-five years[760] (see PG. 211 on probation revocation proceedings).
  1. 758

    Cal. Penal Code § 1203.1(a). ↑

  2. 759

    Cal. Penal Code § 1203.1(c). ↑

  3. 760

    Cal. Penal Code § 1203.1(a). ↑

What are common conditions of formal probation?

There are some general/standard rules and conditions that apply to most (if not all) people on formal probation, BUT REMEMBER, EVERY COUNTY WILL HAVE DIFFERENT RULES AND CONDITIONS.

Formal probation will often include some of the following rules/ conditions:[761]

    Meeting with your probation officer as often as required, generally once a month;
    Payment of restitution, fines, and fees;[762]
    Participation in individual or group therapy;
    Mandatory drug testing, if you were convicted of certain drug-related crimes;
    Community service;
    An agreement to submit to law enforcement searches of your person, residence, or property with or without a warrant (sometimes called a “search condition” or a “4th Waiver”);
    No contact with victim(s) and following any stay away orders not to harass victim(s);
    Not associating with people who you know are gang members;[763]
    Agreement not to violate any laws.

To challenge or try to change the conditions of probation, see the next question and answer.

  1. 761

    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. ↑

  2. 762

    Cal. Penal Code § 1202.4. ↑

  3. 763

    Cal. Penal Code § 186.22(a) makes it illegal to participate in a gang. ↑

How do I change a condition of my formal probation?

Follow the outlined steps below to request a change (called a “modification”) in your probation terms: Start by contacting the Court Clerk at your local county superior court where you were convicted to ask if there is a local form. If not, you and your attorney will have to draft a motion. See Appendix Y, PG. 311 for more information. (Note: The process for requesting a change to informal probation conditions is the same as the process for requesting a change to formal probation conditions.)