Ensuring Your Good Behavior after a Misdemeanor Offense
Also called “Misdemeanor Probation,” summary probation is a
very common stipulation after a first, second, or third DUI offense in
Ventura County, California. The reason a fourth offense is not listed
here is because a fourth DUI offense is very likely going to be charged
as a felony. That would then yield felony, or formal probation, which
is very different and much more severe than summary probation.
Summary vs. Formal Probation
The main differences between the two types is strictness and severity of
punishment if violated. For example, an individual on formal probation
has to report regularly to a probation officer. This officer can even
make random visits, wherein the individual would have to show compliance
with his or her terms of the probation at any given time. As well, a violation
of felony probation is sometimes seen as a felony in and of itself, meaning
that individual could face serious jail time for a small violation.
An individual on summary probation will not have to regularly report to
a probation officer. At the very worst, an individual on summary probation
will have to periodically – every 6 months or so – check in
with a judge and show that he or she is meeting the terms of the probation.
Violation of summary can result in jail time, but it would not be a notably
long stint in jail, and most of those matters can be settled with an extension
given by the judge during the progress report.
Common Terms of Summary Probation
For a DUI, most of the conditions have to do with completing the court’s
orders and maintaining a sort of “straight and narrow” lifestyle.
These include but are not limited to:
- Paying fines, completing classes and community service, and installing
an ignition interlock device
- Abstaining from alcohol illegal drugs – in some cases, even staying
away from establishments whose chief sale is alcohol (bars, liquor stores, etc.)
- Agreeing not to violate any laws.
In short, complying with summary probation can be simple, as long as the
individual can complete the court-ordered tasks that accompany a DUI conviction,
and otherwise stay out of handcuffs.
Duration of summary probation can vary from 24 months after a 1st DUI to 48 months after a 2nd DUI conviction. In any case, The Law Offices of Jarrod M. Wilfert can
work to obtain a reduced summary probation sentence and even calling for
an early termination based on excellent compliance and the lessened need
to monitor your behavior. Contact our offices today for any legal issues
related to a DUI case or misdemeanor (summary) probation.