Roseville, CA asked in Criminal Law for California

Q: What is low risk probation?

My po told me he's moving me to low risk and I will no longer have to go in to probation. He said I'll be able to call in or report in online. Will I need to talk to someone on the phone and report what I've been doing, and is this still considered supervised and formal probation?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, low-risk probation, also known as "summary probation" or "informal probation," is a type of probation typically reserved for individuals convicted of less serious offenses or those deemed to have a low risk of reoffending. Here are some key points about low-risk probation:

1. Supervision: Low-risk probation involves significantly less supervision than formal probation. You will not have to report to a probation officer in person regularly.

2. Reporting: As your probation officer mentioned, you may be required to report your activities and any changes in your situation (e.g., address, employment) through phone calls or online reporting. The frequency and method of reporting can vary depending on the specific terms of your probation.

3. Probation status: Low-risk probation is still considered a form of probation, and you must abide by certain conditions set by the court, such as obeying all laws, not possessing firearms, and submitting to warrantless searches.

4. Violations: If you violate the terms of your low-risk probation, you may face consequences such as fines, community service, or even the revocation of your probation and imprisonment.

5. Length of probation: The length of low-risk probation can vary but is typically shorter than formal probation. In many cases, low-risk probation lasts for one to three years.

While low-risk probation is less intensive than formal probation, it is still a form of supervised probation. You must adhere to the conditions of your probation and maintain contact with the probation department as required. If you have any questions about the specific terms of your low-risk probation, it is best to clarify them with your probation officer or consult with a criminal defense attorney.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: IN CALILFORNIA:

WE CALL IT INFORMAL OR SUMMARY PROBATION.

It is used for less serious crimes, mostly misdemeanors, and there is no reporting to a PO.

In the Indio court in Riverside, CA, after half the term (usually 3 years) , you can move to, in essence, end it early, and it often will be granted.

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