What is Felony Probation in California?
If you follow the legal dramas of Hollywood celebrities and their kids, you’ve probably heard that Redmond O’Neal, son of Ryan O’Neal and Farrah Fawcett, was recently arrested in Santa Monica.
The alleged charges include violation of felony probation as well as possession of heroin.
The charges are not uncommon in Los Angeles…whether or not the related arrest makes the newspaper.
The basic idea of felony probation in California is that someone who may otherwise be subjected to jail or prison is allowed to remain free so long as that person complies with a host of "probation conditions." Violation of probation triggers a "probation violation hearing."
Probation conditions are tailored to meet the needs of specific cases, but in a drug case such conditions would generally include mandatory drug testing and provisions prohibiting drug possession.
Probation conditions may also include "search terms" – which give peace officers the right to search a probationer’s car or home with or without consent. (Mr. O’Neal apparently was arrested after cops found heroin in his car after he was stopped for running a red light.)
Violating felony probation in California can have serious consequences, including spending time in state prison, and the prosecutor only has to prove the alleged violation by a preponderance of the evidence.
Still, the defendant is entitled to a host of due process protections at a probation violation hearing, including the right to an attorney and the right to present evidence of mitigating or extenuating circumstances that contributed to the alleged violation.
