Probation Conditions: Violation Penalties and Revocation. When you're convicted of a crime you face potential punishments that include a fine and incarceration. Probation When a court orders probation, it allows those convicted of a crime to remain relatively free, or at least much freer than they would be had the court ordered them to serve time in jail or prison.
Conditions and Violations A person on probation doesn't have the same freedoms the average person does and must live under specific rules, or conditions. Probation reporting. Probationers must typically report to a probation officer. These officers are responsible for monitoring probationers, keeping track of their location, regularly meeting with them, and generally making sure the probationer is keeping up with the probation terms.
When a person commits a crime that results in monetary or other harm to a victim, the court will usually impose a restitution condition as part of the probation sentence. The probationer must pay money to the victim to compensate for the damage the probationer caused. The amount of restitution differs depending on the amount of damage the victim suffered. Community service.
Probation conditions might include community service requirements. The court can require a probationer to perform a specific number of hours of volunteer work with an organization that benefits the community. Drug testing. Many probationers, especially those who committed crimes where drugs and alcohol were involved, will have to take random drug tests. Probation officers can order drug tests when they believe necessary. Probationers must typically maintain employment for the entire term of their probation.
If they don't have a job at the time of being placed on probation, they must either find one or try to find one. People on probation must also submit to random searches by their probation officer. An officer can, for example, show up at a probationer's home and search for weapons or drugs at any time and the probationer must allow the officer in.
In other words, a probationer does not have the same Fourth Amendment protections against unreasonable searches and seizures that non-probationers enjoy. Criminal involvement. Probationers must not commit more crimes while on probation, nor can they associate with known criminals. Also, probationers must notify their probation officer whenever they have any encounter with law enforcement officers, even if they are not arrested.
They may also have to inform officers of their probation status any time they are questioned by the police. Those on probation for felonies cannot own a firearm or ammunition of any kind. It depends. The length of time that you will be sentenced depends on what the judge ordered at the time you were sentenced. Here are the basics:. If you plead guilty and have ISS, then whether or not your sentence will be imposed in front of the same judge who accepted your guilty plea depends on whether or not you signed an Arbuckle waiver.
The defendant is allowed counsel at this hearing, but the judge does not have to follow strict rules of evidence. When a defendant arrested on new charges is found to be in violation of an earlier probation order, the defense may negotiate a new plea bargain to cover both cases in one package deal.
This is especially common in busy courts where calendars are backlogged. Check out our section on Plea Bargaining to learn how and why deals are made. The law on probation may differ from one state to another. Practices may even vary somewhat from one part of a state to another. And federal court has its own set of rules. If you're facing probation revocation, be sure to consult an attorney experienced with the relevant law. You can begin your search with Nolo's Lawyer Directory.
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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Probation Revocation. Failing to comply with a condition of probation can land you in jail. The Probation Revocation Hearing A probation revocation hearing happens in court, without a jury.
Bargaining Over a Revocation When a defendant arrested on new charges is found to be in violation of an earlier probation order, the defense may negotiate a new plea bargain to cover both cases in one package deal.
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