Misdemeanors: if sentenced to probation, the mandatory term of probation is three years.
Felonies: if sentenced to probation, the mandatory term of probation is five years.
Note: in the case of sex crimes, the terms of probation are doubled.
Upon a person's conviction by jury/bench trial or that person´s pleading guilty to a charge, the judge can impose probation in the following four ways:
Misdemeanors- a judge can sentence a person to jail and three years probation to be served concurrently. (If probation and jail are imposed, probation is always served concurrently with jail time. Thus, in essence, time in jail is considered time on probation) Upon release from jail, the person completes the balance of the three year probation.
Example: if a person is sentenced to 30 days in jail, and 3 years probation, upon his exit from jail, he must complete the balance of the three year probation.
Note: if the person is sentenced to more than 60 days in jail, then according to the law, no probation can be imposed.
Felonies- a judge can sentence a person to jail and five years probation to be served concurrently. (if probation and jail are imposed, probation is always served concurrently with jail time. Thus, in essence, time served is considered time on probation.) Upon release from jail, the person completes the balance of the five year probation.
Example: A person is sentenced to 5 months in jail. Upon his release from jail, he would serve the balance of the five year probation.
Sentences for misdemeanors are served in county jail.
In the case of multiple misdemeanor convictions, there is
a limit on how much time can be served in jail.
Though convicted of multiple misdemeanors and sentenced by the judge to numerous years, the maximum time a person can serve in county jail - is TWO years. At two years, by law, the sheriff must let the person out.
Important: If a person is convicted of two misdemeanors and is sentenced to two years in jail, that person may be eligible for release sooner (at 16 months) based on good behavior. And in that case, the onus is on the sheriff´s department to demonstrate why the person should not be released.
Thus, if you have numerous charges against the person, and you want him to do the maximum two years, it is best to charge the person with at least three counts Then, if convicted, the person could be sentenced to three years in prison. Because the sentence is three years, the sheriff can keep the person confined for the full two years. The good behavior aspect would not have to be a consideration.
For some felonies, time can be served in county jail. However, if a person is sentenced to more than a year for a felony, that person must serve his time in state prison.
In the case of multiple felonies, the formulas are more complex depending on the seriousness of the felony, but in general there are limitations on how long a person can stay in state prison.
Note: Parole is not
related to the court´s initial sentencing decision. It is
something the prisoner can be granted by the parole board upon the
person´s serving a certain set time and demonstrating that he
is ready to be reintegrated into society.
Certain crimes carry a fine or jail time, or
both. The judges can impose fines as they see fit.
In the case of multiple convictions, however, they rarely double or
triple the fines because from a practical standpoint, fines are
difficult to collect from convicted criminals.