Probation & Probation Violations

WHEN YOU PLEAD GUILTY you can go to prison or you  be cangranted probation.

Probation does not come without costs. You may have to pay a fine, join an alcohol or drug rehabilitation program, do community service, give up your guns, submit to unannounced searches, and several other unwelcome conditions.

Probation often includes days in jail or a jail alternative. Alternatives to jail time include a work furlough, allowing you to keep your job intact, or a SWAP (Sheriff's Work Program) where you do unskilled work from 9-5.

Another alternative to jail is available for drug and alcohol-related offenders: Residential Treatment Programs (RTP). These are excellent programs. You avoid jail, probably get some help you need, and the court may grant you jail time for any time spent in the program prior to sentencing.

Some RTPs allow you to go to work every day, returning in the evening.

PO's RECOMMENDATIONS

Before being sentenced in California you must meet with a probation officer (PO) who then writes a recommendation report to the court: the pre-sentencing probation report is important.

This report is a very big deal because usually the court will follow its recommendations. Unless the prosecutor or your lawyer convince the court to do otherwise, the court has no reason not to do what the probation report recommends.

Before you meet with the probation officer, you will be asked to complete a probation application that the PO will review before the interview. You will be asked to share your side of story.

Pay attention to this: the PO does not care about your guilt or innocence. The PO wants to see humility and remorse. The PO wants evidence that you have taken responsibility for your mistake so that punishment need not be severe. The PO wants you to say that you are willing and able to abide the terms of probation.

As to the interview itself, be respectful, humble, and polite. Just answer the questions asked. Do not volunteer anything.

Do not get into an argument no matter how badly you are provoked: this will be an argument you will not win.


If you have questions regarding the terms of your probation, contact the Law Offices of Douglas Slain online, or call toll-free 888-998-558.