What is the difference between summary and formal probation?

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Wednesday, Oct 23, 2013

My son was in court for sentencing on a felony auto tampering charge and the judge indicated he was placing him on summary probation as opposed to formal probation. What is the difference?

Answers

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May 03, 2014
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Formal Probation (or Supervised Probation) requires the defendant to meet with an assigned probation officer on a regular basis (usually once a month). Informal Probation (or Summary Probation) requires the defendant to complete certain terms of the sentence and stay out of trouble. Scheduled meetings with a probation officer are not necessary under summary or informal probation.

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Oct 23, 2013
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The main difference for your son's future is that since "summary probation" is not available for felonies, the law holds that where one is put on summary probation for a wobbler offense [auto tampering is one], that automatically reduces it to a misdemeanor. Since many attorneys don't know that, somewhere along the line your son needs to point that out, so the record can decree it a misdemeanor. But the technical difference is that one does not have a probation officer to report to on summary; on formal, there are probation reports, checks, etc.