You could face a misdemeanor conviction when you commit a crime in California, and the prosecution charges you with a misdemeanor. Your conviction could lead to imprisonment, payment of fines, or informal probation. Informal probation, most of the time, acts as an alternative to serving jail time.

When you are posted to informal or misdemeanor probation, you serve a sentence in your community under the supervision of the court rather than spend time in jail. Though you will do your time at the comfort of your home, probation comes with some rules and regulations that you must follow.

Failing to follow these rules and regulations could result in a jail term or having other repercussions. In addition, you must report to the court periodically to show that you are adhering to the probation conditions. The length of misdemeanor probation ranges from one to three years, depending on the nature of the offense you have committed.

Misdemeanor Probation

A misdemeanor is a less serious offense, like petty theft, graffiti, or even prostitution. Misdemeanors are classified into two categories; first and second-degree crimes. If your charge is a first-degree misdemeanor, you may end up with a conviction that leads to a maximum of one year in county jail, paying $1,000 in fines. In contrast, a second-degree misdemeanor will lead to spending 60 days in county jail or paying $500 in fines. However, your criminal defense attorney may work out informal probation for you instead of imprisonment.

Misdemeanor Probation Qualifications

You will realize that you may qualify for informal probation when you commit a misdemeanor offense in California. Most of the time, you will face misdemeanor probation if it’s your first time to commit a crime as an adult or if you are a juvenile offender. Misdemeanor probation aims to offer victim restoration, offender rehabilitation, and at the same time, protect the public from crimes. There are some instances where a judge may offer misdemeanor probation even when you have a prior criminal record. It all boils down to the nature of your crime and the defense your attorney builds.

Having a private defense attorney at your back will greatly improve your chances of obtaining misdemeanor probation, unlike when relying on public defense. A private criminal defense attorney has the time and resources to work and ensure you receive misdemeanor probation.

Misdemeanor Probation Terms and Conditions

If a judge finds you eligible for informal probation, they will grant you probation under some terms and conditions you must meet without fail. Upon successful probation, you can go back to court and request to dismiss your guilty plea. In addition, the judge will ensure that your misdemeanor probation befits the offense committed and that it is reasonable. For instance, if you were facing domestic violence charges, a judge may order you to attend a batterer’s or anger management classes as some of the terms for your probation. Other terms and conditions include the following but are not limited to:

  • Paying restitution to the victim.

  • Counseling.

  • Drug and alcohol abstinence.

  • Maintaining a steady source of income.

  • Take part in group therapy.

  • Avoid coming into contact with your criminal acquaintances.

  • Avoid new arrests while on probation.

  • Community service.

  • Undertake drug testing.

  • Be subjected to random drug tests.

  • Have a restraining against you( especially if you are a domestic violence offender).

  • Payment of fines.

  • Obeying the law.

Does Plea Bargaining Lead To Misdemeanor Probation?

Sometimes you may agree to a plea bargain that will earn you less sentencing, which could lead to your sentence being informal probation. Other times, a judge may review your case and decide that the best-case scenario would be misdemeanor probation. Though misdemeanor probation doesn’t include jail time, you may end up serving a shorter time in jail than the recommended maximum time.

Advantages of Misdemeanor Probation

When you receive misdemeanor probation, you will be in a position to continue working or with your studies. In addition, some of the terms and conditions set by the court for your probation will be an asset in your life. For instance, if you are prone to anger, an anger management program will come in handy, and once you are done, you will be glad to know you are in control of your emotions.

The fact that you don’t have to deal with a supervisor is an added advantage. Most of the time, you will go to court once your sentence is over or when you move into a new address. The rules set by the court will ensure you have learned from your mistakes and probably turn into a new leaf.

Disadvantages of Misdemeanor Probation

One of the disadvantages of this probation is that it will take some time before your sentence comes to an end. You make some mistakes that may have led to your misdemeanor conviction, and all you want is to be done with that chapter of your life. Misdemeanor probation may drag as it may take a couple of months, and sometimes you would wish to serve your time and be done with the conviction. You will have to follow all the laid down rules. Your defense attorney will help you when it comes to either accept or refuse the misdemeanor probation offer.

Difference Between Misdemeanor and Felony Probation

Though both types of probation will require you to follow the rules and conditions of the probation strictly, they differ in the following ways. The judge will not require the county probation officer to provide a report before your sentencing unless you are facing a sex crime when it comes to misdemeanor offense court proceedings. While formal probation, the judge may require the county probation officer to present a report before passing judgment.

You will not have to report to a probation officer but periodically to the court directly, but will have to report to a probation officer when facing felony probation. When you are under formal probation, you will have to report to a probation officer. Depending on the probation officer, you will have to meet at a specific place, either once a week or monthly. The frequency of your meetings will depend on whether you are high risk; this is determined by your criminal record and the nature of your crime.

A judge has the full mandate to set your probation term to ensure justice is accomplished properly and fittingly. Therefore, the judge will review your case, progress and address any issue that may arise when you report to them.

Although you will have to alert the court of your new address, misdemeanor probation does not restrict travel. However, when traveling, you will have to consider your counseling classes, community service, and other things that could lead to you violating the terms for your probation if not handled.

Failure to adhere to the terms of your probation may lead to the judge issuing an arrest warrant and could lead to serious repercussions.

Misdemeanor Probation Violation

Several instances can lead you to violate your probation. These instances include:

  • Failure to pay victim restitution and fines.

  • If you fail to appear in court for any hearing.

  • If you fail to gain and maintain employment if you refuse to undertake a drug test.

  • When you fail to enroll in any of the programs the court recommended you attend, like anger management classes.

  • Ignoring a restraining order.

  • Committing a new crime.

Consequences of Misdemeanor Probation Violations

When you violate the terms of your probation, several scenarios may take place. A judge may decide to:

  • overlook your violation and give you a warning with the same terms and conditions.

  • Reinstate your informal probation but put you under harsher terms and conditions.

  • Impose harsher terms and conditions on your probations.

  • Revoke your probation and have you serving jail time.

  • Revoke your probation and impose your original sentence.

There are other instances where a probation violation may lead to additional sentencing, especially if you violated your probation terms by committing another crime. In this case, the law allows the judge to terminate your misdemeanor probation and issue a new judgment regarding your current offense.

Sometimes you can have your informal probation terminated if you keep to all the terms and conditions. But this probation termination does not extend to domestic violence or DUL (driving under drug or alcohol influence) offenders.

You should note that a judge may require you to serve one year of jail time as a condition for the probation reinstatement.

Misdemeanor Probation Court Progress Report

Misdemeanor probation requires you to report to court periodically and give the judge your progress report. Failure to comply will lead to a probation violation which may end up spelling more problems for you. When making your progress report, the judge wants to find out whether you are following the conditions for your probation. For example, a judge will ask you about the classes you take, like a batterer’s program, set conditions for your probation.

Therefore, when visiting the court, remember to carry any documentation that shows you have or are attending the required programs. In addition, show the judge that you are making positive steps in your probation, as this will work in your favor. During this visit, you will discuss any problem you may be experiencing with the judge, answer any question which the judge might have, and at the same time discuss your progress. A favorable report and progress, on the other hand, move you closer to completing your probation.

Can a Judge Agree to Change My misdemeanor Conditions on Request?

The law allows you to request the judge to change some terms of your probation at any given time, though it is not a guarantee that the judge will oblige you. Therefore, you will need to have a good cause to request the judge change your probation terms and conditions.

The Procedure to Request Change of Probation Terms and Conditions

Though it is not guaranteed that a judge will change your misdemeanor probation terms, it is still worth a trial.

  • Come Up With a Good Cause

This means that you have to develop a good cause to convince the judge to change your probation terms. If you request a condition change due to disability, you should show how your disability hinders your execution of the probation terms. For instance, if you the terms and conditions for your probation performing public works like cleaning the highway and your disability doesn’t allow you to do so, you can request the court to change the terms and give you something else.

  • File a Motion in Court

You will then have to go to the court handling and monitoring your probation case and file a motion requesting a change in the terms and conditions for your informal probation. At this court, show there is a good cause to change your probation terms, and you can achieve this by attaching any documents showing your positive progress. Documents that show you have attended the programs which the court recommended. Let your defense attorney handle this part on your behalf as they have the experience.

The judge will notify the prosecution about your request and then hold a hearing in which the prosecution has an opportunity to speak. If the judge agrees to change your probation terms, they will state their reasons for doing so during this hearing.

Effects of Misdemeanor Probation on Employment

When it comes to employment, most employers will not inquire about a misdemeanor conviction. But if you are under misdemeanor probation and your prospective employer or employer asks you about it, it is advisable, to be honest and tell them the truth. Admitting to serving a misdemeanor conviction should not be a basis for disqualification when it comes to employment. On the contrary, it may end up working in your favor as your potential employer may find you to be honest and someone willing to learn from their mistakes.

Sometimes you might think that lying about a past conviction will help you acquire a job, but remember, most employers perform a background check before hiring. Therefore, it will do you no good if you lie and your potential employer finds out about your misdemeanor probation. There is no law against hiring someone with a prior misdemeanor conviction, and no one should deny you your right to employment.

When you have a job interview, it’s important to prepare if your potential employer asks about any criminal conviction. I know it is easier to hope that a previous conviction question doesn’t arise, but if it does, then it is in your best interest to do the following:

  • First, answer honestly and candidly, but don’t offer unnecessary details.

  • Instead, you can briefly discuss the conviction and the lesson you gained from experience.

  • Then, when employed, discuss what you will bring to the table, and don’t focus too much on your sentence.

If the question about your conviction doesn’t arise during the interview, it’s in your discretion to reveal or to let it go. But if you think keeping quiet will late affect your employment, you can be forthright with your potential employer about the conviction.

Misdemeanor Probation Expungement

Expungement is the process of sealing off conviction records. Once your records have been sealed off, they can be revealed to landlords and employers though they will show up on the government’s rap sheet. This means that after having your record sealed off, you can comfortably say you have never been convicted. So, for example, if you had been sentenced for graffiti and later had your records expunged and this is the only time you faced the judicial system, if a potential; landlord asks you if you have ever had a conviction, you can honestly answer you haven’t.

You can apply to have your records once you have completed your probation. All you have to do is find out if you qualify for expungement. The next step is to find out if the offense you had committed allows you to apply for expungement and then enquire from your attorney what the process will entitle. If you can’t afford an attorney, you should note that you can apply to seal your records in court. Most courts have forms that you can fill for a motion to have your record expunged.

Contact a Los Angeles Criminal Defense Attorney Near Me

When you face an arrest for violating the law, it is crucial to remain silent and politely insist on exercising your right to have an attorney before you make any statement that could be used against you in court. You will realize that most offenses that lead to misdemeanor convictions may be your first brush with the law enforcement agencies. Your defense attorney can develop ways to ensure you obtain a lesser conviction if you do not give the police and the prosecution materials to make your defense difficult.

California has strict rules for misdemeanor offenses. It is in your best interest to hire a criminal defense attorney who understands how police collect evidence and how the prosecution will build its case against you. At Los Angeles Criminal Attorney, our team of qualified defense lawyers will work hard to guide you and ensure you receive the best possible outcome in your case. Do not hesitate to contact us at and schedule your first consultation.