What is summary probation?
This is a question that pretty much every client asks. The sound of someobe being on probation makes them uneasy. It sounds spooky, yet summary probation is a part of virtually every alcohol related offense that is a part of a San Diego DUI arrest. I will say that a felony DUI may require someone being on “formal probation”, due the seriousness of the case. Formal probation is where you have a probation officer assigned to you and they will monior your progess.
So what is summary or “informal” probation?
Informal probation is a form of conditional sentence which may be offered to first time offenders who admit to minor crimes. In informal probation, the terms of the sentence are reduced in the hopes of helping the criminal rehabilitate and avoid future crimes. If someone on informal probation violates the terms of the probation, the sentence can be revoked. A revocation can result in formal probation or jail time, depending on the nature of the violation and the circumstances of the original crime. Most DUI revocations are a result of a new a new charge. Another common violation is that they are stopped and found with a measureable amount of alcohol in their system. A DUI or alcohol related charge usually comes with a provision that someone is not to drive with ANY measureable amount of alcohol. Someone who hits a downtown checkpoint with a .03% while on probation can find themselves in trouble.
Be proactive and if you or someone you love is in a pickle call our office today for a free consultation at 858-751-4384.
People on informal probation are not assigned to a probation officer and are not monitored. Instead, they are asked to report to the judge periodically. The probation may have terms, such as a requirement to attend an alcohol or other drug treatment program. Community service requirements may also need to be completed. Informal probation can be as short as a month. Once probation is over, the offender has satisfied the terms of the sentence.
The key is to have the terms of your summary probation fully explained to you. More importantly, it is KEY to get off probation the first chance you get. My clients get a date when a case is resolved that lets them know when they are viable to get off probation. Do not let anything remain haning over your head. First chance you can get off probation you do it. You can call our office to discuss terminating probation and expungement at 858-751-4384. Be proactive.