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Many pepple call my office confused about the difference between misdemeanor and Felony probation and the diffference between misdemeanor and felonies.  There is a big difference.  That is why you should call our office and get guidance if you have been arrested or are facing criminal charges. 

 

MISDEMEANOR PROBATION

When you are placed on misdemeanor probation you are placed on informal probation.  This term is sometimes misconstrued by people on probation.  People on Misdemeanor probation will sometimes believe that they are really not on probation because it is stated informal probation, or that they cannot be subject to search and seizure.  

This is incorrect you may still have subject to search and seizure and have a probation officer.  It is rare but may happen especially in misdemeanor domestic vioelence cases.

Also, you  can if the case is a misdemeanor domestic violence case have a preclusion against owning or possessing firearms.  

WHAT HAPPENS WHEN YOU VIOLATE MISDEMEANOR PROBATION?

Depending on several factors you could be taken into custody, ordered to restart your probation and several other options if you violate your probation. Because it is misdemeanor probtion you cannot go to state prison for violating your probation, however, you could do local jail time.  

FELONY PROBATION

Felony probation is the more serious form of probation.  You will be on formal probation, and probably have a  probation officer.  At the least you will have to mail in reports and probably in most cases have drug or alcoohol terms stating you cannot use alchol or drugs and you will be tested for compliance. 

WHAT HAPPENS WHEN YOU VIOLATE FELONY PROBATION?

If you  violate your felony probation the consequences could be much more sever for you.  You could go to prison for the term for the underlying offense.  For example if you are on probation for a residential burglary the sentencing trial is 2, 4 or 6 years.  This means you could get any of those three terms.  You could be ordered to restart your probation, and spend time in local jail.  This all depends on several factors including how many violations of probation you have and the severity of those violations.  

 

If you are facing probation give our office a call and we can help you. 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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