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]
  1. 735

    Cal. Penal Code § 1203.1(j). See also People v. Carbajal, 10 Cal.4th 1114, 1120 (1995). ↑

  2. 736

    People v. Carbajal, 10 Cal.4th 1114, 1121 (1995). ↑

  3. 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). ↑

  4. 738

    Cal. Penal Code § 1203.1(a). ↑

  5. 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. ↑

  6. 740

    Cal. Penal Code § 1203.1(a)(1). See also http://www.scscourt.org/self_help/criminal/misdemeanors.shtml. ↑

  7. 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)). ↑