The difference between “Informal" or Summary Court Probation and “Formal" or Felony Probation

California has two types of probation: formal and informal. Formal probation is sometimes referred to as “Felony Probation” although it is not always associated with a felony conviction. Informal probation is commonly called “summary probation” or “court probation,” and it is unsupervised by a probation officer. Both types of probation involve specific requirements set at the conclusion of a case, but the level of supervision and the specific terms can vary.

Informal probation is unsupervised probation. Typically, someone placed on informal or court probation agrees to “obey all laws” and follow any specific instructions by the judge, including staying away from a particular person or location or engaging in some type of treatment, but the person does not have a probation officer they check in with. Informal probation is typically imposed in misdemeanor cases. Only a judge can impose additional penalties for future violations of your informal probation.

Formal probation involves stricter requirements and is supervised by a probation officer. Those on formal probation typically are required to meet regularly with the officer, maintain employment, undergo drug and alcohol screenings, attend counseling, and cannot travel without permission of the probation officer. In California, the probation officer has discretion to impose limited “flash” incarceration as a penalty for violations of probation. The officer, or the district attorney, can also file a formal violation of probation to be heard by a judge. Because formal probation is typically imposed following a felony conviction, a violation of formal probation could result in a prison sentence.