Probation is a court-ordered punishment for certain crimes, with mandatory or prohibited activities during a designated probationary period. It can replace or follow a shortened prison term, and requires compliance with court conditions. Defendants can decline probation and choose incarceration. Violating probation can result in a more severe sentence.
Probation is a type of punishment that can be ordered by a court when a person is found guilty of certain crimes. It gives the judicial system power over a person by designating a probationary period. During this time, there may be a variety of mandatory or prohibited activities and behaviors. This type of punishment may be available in state and federal court systems, but it’s not an option for all crimes.
There are two ways this type of punishment can be used. A person may be sentenced to serve a shortened prison term followed by a probationary period instead of having to serve the full sentence. In other cases, a person may receive a sentence that is fully excused if they successfully complete their probation.
Proof is an enduring obligation. It involves threatening future action if a person does not act in accordance with the will of the court. The trial period normally includes a list of things a person must and cannot do. For example, a person may be required to obtain counseling, hold a job, and remain within a particular jurisdiction. In some cases, membership is monitored by a probation officer, but this is not always the case.
If a person does not want to live under the conditions outlined, he can opt for incarceration. A defendant generally has to accept probation. A judge cannot simply order probation because he wants to exercise authority over a person’s life. A person may wish to decline this option for a variety of reasons. Common reasons are risk or conditions that outweigh the potential conviction.
For example, a man may be found guilty of domestic abuse of his girlfriend. Convicting him may have the option of serving one year in prison or six months in prison with six months of probation. One of his conditions could be that he has no contact with the woman. Knowing that she is unlikely to comply with this condition and that she could initially consent and then report it when she is angry, she could choose to serve the full prison sentence.
The conditions that arise during the probationary period may not even seem worthy of a person convicted of a crime. Maybe he faces 60 days in jail or probation that includes treatment, community service and travel restrictions for six months. Because something as small as failing to treat and crossing state lines to visit her child will be violations, she can choose the prison sentence. Violation of probation often results in a more severe sentence than a person would have received if they had chosen to serve their original prison term.
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