Informal probation means there is no active supervision concerning the terms of probation. Almost every misdemeanor has informal probation. There are terms of probation which vary depending on the type of crime and specific factors involved in the crime. There is still monitoring but it usually is the verification of completion Court ordered items, like enroll and attend a DUI program or public work. There will be dates for proof of enrollment and completion, the case file will be checked on those dates to ensure compliance. If proof is not filed, then the case will go to warrant on a probation violation. You do not have a probation officer and there is no checking in, you are free to travel and do whatever you like so long as you do not violate the terms.
Misdemeanor Drug cases require a 4th amendment search and seizure waiver, a drug program, violate no laws other than minor traffic and not possess drugs without a valid prescription. Those informal probation terms are imposed, enforceable and can be accessed in the field through law enforcement computers. If you are arrested or charged with a new offense while on informal probation, the Court Clerks will catch it on a records sweepch when the new case is filed and the probation case will go to Court with the new case for a violation because of a new law violation. Probation violations have due process rights, but do not require a finding beyond a reasonable doubt. If you are admit or are found in violation, you can be resentenced up to the remaining time and fine not previously imposed. The violation can add additional time to the new case or may be concurrent.
Contact Christoph Law Offices for a free consultation at 760-941-5720 and let us handle your probation violation, usually on misdemeanors, we can resolve them without you having to go to Court. We have handled thousands of probation violations, misdemeanor and felony, over more than 30 years across from Vista Courts.
