When you think of probation, you probably think about reporting to a probation officer for many aspects of your penalty. Summary probation is a bit different though, usually only showing itself when you have received a misdemeanor. It is a very informal way for the court to place an offender under a brief supervision of the court. This makes it different from other types of probation, as they are typically run by the probation department. Often times, you will see summary probation appear if you are convicted of a crime for the first time, or you are a juvenile offender.
Am I Eligible for Summary Probation?
Because many of these first offense crimes are not punishable by jail time, summary probation is usually a good way for an offender to have an alternative. This choice is one of the most prime ways for an offender to learn a lesson and not become a hardened criminal in the future. In California, you typically see this type of probation used for those who commit a wobbler. Wobblers are crimes that can be charged as either a felony or misdemeanor. Some of the smallest drug-related or theft-related crimes can be charged as a wobbler.
Like regular probation, there are restrictions. Summary probation can last anywhere from a few months to a few years so it is important to follow all guidelines as set out by the court. While on probation, you are expected to obey all laws and not commit any new offenses. You will have to pay court fees and sometimes victim restitution, and you should never fall behind in payments. Sometimes you will also be sentenced to community service time as directed by the courts.
On some occasions, due to good behavior or a variety of other reasons, your probation could be terminated or modified. If you have completed 2 out of 3 years, for instance, and you receive employment in another state, the judge could continue your probation to that state or terminate it altogether. The judge may modify probation if you have kept up with payments for quite some time but then lose your job. These are all aspects that you must discuss with your attorney. Give us a call at The Law Office of Peter Blair to speak with us about your options.