Terms and conditions of probation

[jcarlton2005]

What is the name of your state? CA
where can I find out about "terms and conditions of probation"? I am curious if there is any legal guidelines as far as what can be a condition of a person's probation. If a person is convicted of receiving stolen property, can drug testing be a condition. Where can I look this information up, or is it totally up to the probation officer to decide.

 

[weenor]

The judge determines the terms and conditions of probation. Depending on the circumstances regular drug testing can be of the terms set or not. There is no where to look this up. Records are kept with the state's department of probation and/or parole and are nearly impossible to obtain. I have subpoenaed records from time to time and have only had a 50/50 success rate in obtaining. The department usually files a motion to quash and we have to go before the judge and explain why the records are relevant.

 

[jcarlton2005]

Thank you very much

 

[Heather2]

They can and most likely will drug test you. I knew a guy who got caught racing his car and he was drug tested and failed and had to take a bunch of classes so he wouldn't go to jail. If you have any questions about what other conditions there are let me know and I will post them.

 

[CdwJava]

What is the name of your state? CA
where can I find out about "terms and conditions of probation"? I am curious if there is any legal guidelines as far as what can be a condition of a person's probation. If a person is convicted of receiving stolen property, can drug testing be a condition. Where can I look this information up, or is it totally up to the probation officer to decide.

The conditions of probation are part of the court record and part of the probation department's record.

Yes, they CAN add drug testing to the conditions. You can always refuse probation and go to jail or prison, I suppose.

Call your probation officer (it is a county level office) and ask for a copy ofg your terms and conditions if you - for some reason - don't have a copy of them.

- Carl

 

[jcarlton2005]

The conditions of probation are part of the court record and part of the probation department's record.

Yes, they CAN add drug testing to the conditions. You can always refuse probation and go to jail or prison, I suppose.

Call your probation officer (it is a county level office) and ask for a copy ofg your terms and conditions if you - for some reason - don't have a copy of them.

- Carl

I haven't been put on probation yet. I am going to trial on a felony possession of stolen property charge. The last plea bargain offer was: No prison time, restitution and fines, and probation. Should I expect repeated searches by the NET team, which happens a lot to different people I know that are currently on probation. Am I going to be tested every month, or arrested if I have beer in the fridge. And what about firearms that belong to people I live with, I've heard if they keep them locked up and in their own room,it is okay.
Is there laws and guidelines pertaining to my specific charges, or does the judge or probation office write down any conditons they want. I hope I am a little more clear with what I wanted to know. I thank you for your time in answering my questions.

 

[garrula lingua]

Immediately after sentencing, you should receive a printed list of probation terms.
The terms that apply to your probation will be checked, and there is an area for the Judge to add specific terms.

I don't think you have to worry about beer.

'They' can do probation searches of your home.

You cannot be around ANY guns - this would be a separate felony offense, as well as a probation violation of your present case. Locking them does not allow them in the home.

No - NO - NO guns in the house, in your vicinity, ever in your custody, control or llving area.

Those who live with you suffer, to some extent, from your probation terms - search & seizure in particular (& no guns, unless they want to see you go to prison).