California Criminal Defense Blog

Perhaps the most dreaded consequence of a felony charge in California is the prospect of spending time in California state prison.

But the good news is that for many kinds of felonies there are options besides state prison. One of those options is felony probation in California, which means the defendant gets to serve his or her sentence outside of custody.

Generally speaking, people convicted of felonies may be eligible for felony probation in California if they have no history of committing a violent, serious or sex crime, and if the current offense is not of that nature. The judge makes the final decision as to whether to grant felony probation instead of prison, but the judge gets input on the issue from the department of probation.

Some factors judges look at in deciding whether to place a defendant on felony probation in California include the seriousness of the crime, the amount of loss to the victim, the defendant’s criminal record (including as a juvenile) and the degree of sophistication with which the crime was carried out.

Felony probation in California involves conditions such as meeting with your probation officer, paying restitution to the victim, participating in counseling, doing community service and not violating any laws. You might also have to submit to random drug testing as well as warrantless peace officer searches of your person or property.

Our California Criminal Defense Attorneys have secured felony probation in California for countless clients where they may otherwise have had to go to state prison.

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.