When someone is placed on probation in California, they must follow a specific set of rules ordered by the court. The exact terms and level of supervision depend on the nature of the offense and whether the probation is formal or informal. Violating any condition — no matter how small — can lead to serious consequences, including arrest, bail denial, or revocation of probation. Below is a breakdown of the types of probation and the two main categories of violations.
🟢 Informal (Summary) Probation
Informal probation, also known as summary probation, is generally assigned in misdemeanor cases. It is less intensive than formal probation and does not require reporting to a probation officer. Instead, the defendant is expected to comply with the court’s terms independently. The duration is typically 1 to 3 years, though it can vary.
Key Features of Informal Probation:
- No probation officer assigned
- Defendant must avoid any new arrests or violations
- Must complete court-ordered conditions like DUI classes, community service, or fines
- Usually allows more freedom of movement (but may still include travel restrictions)
Examples of Violations Under Informal Probation:
- Failing to complete community service on time
- Not paying restitution or court fines
- Being arrested for a new misdemeanor
- Failing to show up to scheduled court check-ins
🔴 Formal Probation
Formal probation is more intensive and is usually ordered in felony cases. Defendants are assigned a probation officer and must regularly report in-person or by phone. The court typically imposes strict behavioral and lifestyle conditions to monitor compliance. The standard term is 3 to 5 years, but it can be longer for serious crimes.
Key Features of Formal Probation:
- Regular check-ins with a probation officer
- Mandatory compliance with drug tests, home visits, and progress reports
- Restrictions on associations, employment, and residence
- May include GPS monitoring or curfews
Examples of Violations Under Formal Probation:
- Failing a drug or alcohol test
- Missing scheduled meetings with a probation officer
- Possessing firearms or other contraband
- Associating with known criminals or gangs
- Leaving the county or state without approval
⚠️ New Law Violation vs. Technical Violation
Understanding the type of violation is critical — because it can determine whether bail is available, what penalties you face, and how quickly your case escalates.
New Law Violation
A new law violation happens when a person on probation is arrested for committing a new crime — whether a misdemeanor or felony. Even if they’re not yet convicted of the new charge, the arrest itself can trigger a probation hold or revocation.
Examples:
- Getting a DUI while on probation for a drug offense
- Being arrested for shoplifting while on probation for a prior theft conviction
- Domestic violence charges during probation for a prior assault
Consequences:
- Immediate jail booking and possible no-bail hold
- Revocation of probation and re-sentencing on the original case
- Separate court case for the new crime, in addition to the probation hearing
Technical Violation
A technical violation occurs when the defendant fails to follow the terms of their probation, without committing a new crime. While not as serious as a new law violation, technical violations can still result in jail time or a probation revocation hearing.
Examples:
- Missing curfew or check-in appointments
- Failing to complete court-ordered counseling, classes, or community service
- Skipping drug or alcohol tests (or testing positive)
- Traveling without court or probation officer approval
Consequences:
- Arrest and possible bench warrant
- Modification of probation terms (e.g., stricter monitoring)
- Jail time or extension of probation period
- Full revocation depending on severity and repeat behavior
At Cali Bail Bonds, we understand how confusing and stressful a probation violation can be. Whether it’s a technical slip-up or a more serious new law arrest, our bail agents act fast to get your loved one released — and back on track with their probation obligations.