Probation allows the offender to avoid jail time in place of agreeing to fully comply with the court’s terms and conditions of probation
Once the defendant pleads to a criminal offense or is guilty of one, the court will, upon recommendation of the probation department, impose a probationary term imposing terms and conditions that must be fully complied with, or the probation will be revoked.
A violation of probation can result in the person being sent to jail for the term the defendant would have received had probation not been granted.
Types Of Probation
Summary Probation: Usually offered to non-violent offenders or violators of misdemeanors such as drunk driving offenses. There is no probation officer that supervises the offender and usually no regular reporting requirements to the court. The offender will be issued the terms of probation, which usually last three years, depending on the seriousness of the crime.
For example, summary probation for a first-time DUI offender may include a three-year probation term, which may include paying a fine, attending DUI school, and showing proof of completing 48 hours of Community Service.
Court Probation: Sometimes called felony probation, it is usually part of the court’s original sentencing. Like summary probation, it is usually granted in exchange for receiving a prison sentence.
But this is where the similarity ends:
The term of felony probation is usually five years. For example, probation for a felony drug conviction usually requires direct and regular contact with a supervising probation officer; regular drug testing; payment of a monthly probation fee; wearing a local monitor; providing proof of job search, and having no contact with known felons. The probation officer assigned will issue a monthly or quarterly report on the offender’s progress.
Finally, if the offense involves injury or loss of property, the probation terms will include the offender making restitution to the victim.
