The justice system divides crimes into felonies and misdemeanors, with the latter being less serious offenses. A defendant can be sentenced to probation instead of imprisonment, with terms varying depending on the jurisdiction and crime. Violating probation can lead to arrest and additional consequences, while successful completion may lead to expunging the conviction record.
When a person is charged with the commission of a less serious crime, they are often charged with a lesser misdemeanor. If convicted of a crime, he can in most cases be subject to a term of imprisonment of up to one year. A more popular option with many courts is to sentence the defendant to felony probation. Probation is a period of time during which the court has jurisdiction and supervision over the defendant in lieu of incarceration.
Many justice systems divide crimes into two basic categories: felonies and misdemeanors. This system is used in most common law countries around the world, including the United States. Criminal crimes are more serious in nature, such as burglary, kidnapping, and drug trafficking. Less serious offenses, such as driving with a suspended license, shoplifting, or possession of a small amount of marijuana, are classified as misdemeanors. In most cases, the maximum possible penalty for a crime does not exceed one year’s imprisonment. Most frequently, a defendant is sentenced to complete a misdemeanor probation when convicted in lieu of a prison or custodial sentence.
The length of a defendant’s felony trial is determined by the judge or by agreement between the defendant and the prosecutor. If the defendant has been convicted at trial, the judge will determine the sentence. If the defendant signed a plea agreement, the plea agreement will specify the length and terms of the probation. It is common for an infringement probation period to last anywhere from six months to a year.
The terms of felony probation may vary depending on the jurisdiction, the criminal history of the defendant, and the crime for which he or she was convicted. In all cases, one of the terms is that the defendant is not re-arrested for another felony during the probation period. Other common terms or requirements include completing a specified number of hours of community service work; completing classes such as anger management or substance abuse education; payment of all fines, costs and restitution; and report monthly to the probation department.
Violation of probation for felony can have serious consequences. If a defendant violates any of the terms of her probation, a warrant may be issued for her arrest. If the judge agrees that the defendant violated his probation, the judge may extend the length of the probation, add more terms to the probation, or revoke the probation, and sentence the defendant to jail or prison time. Successful completion of felony probation, on the other hand, may lead to the possibility of expunging the conviction record at a later date.
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