Instead, they may spend time in a rehabilitation center, group home, or at their house. A mandatory rehab stay is often required in cases involving alcohol or drugs.
This article will explain everything you need to know about probation, starting with its basics. If you are unsure, it is a good idea to seek the advice of a criminal defense attorney.
What is probation?
Ordinarily, probation is issued for non-violent minor offenses. It’s granted to adolescents and first-time offenders.
Probation is not always an option in the criminal court system. Certain felonies, even for first-time offenders require a prison sentence. A probationer may not be able to request probation in the case at hand if they have been convicted of a previous crime.
The court will first decide where probation is to be served. This could be your home or apartment. It could also be your home or apartment if you are living with someone who has a criminal record or have been convicted of domestic violence. Sometimes, the judge might order you to relocate to a treatment center, group home or another type facility.
Who can’t be released while on probation?
Probation is not for everyone. It is not possible, at least not immediately. If your situation is extremely difficult or complicated, a federal white-collar defense lawyer may be able to help you.
Who can’t be released while on probation?
1. A prisoner is accused of forging valuable security documents and breach of trust by public officials.
2. Is not able to grant release for reasons of kidnapping or abduction
3. Allows the release of habitual offenders only
4. Prisoners who are involved in violence that causes great hurt
When is a person eligible for probation?
The judge may recommend probation instead of jail time for lesser-severe offenses. The judge could recommend probation to allow you to live in the community while you are serving your sentence. This will reduce the burden on the prison system. You would meet with a probation officer in this situation.
You will file a petition to be granted probation if you are sentencing. After that, the committee that will grant probation to you will most likely meet with you.
Contact a well-respected law firm like Stracci Law to get the assistance you need.
What are the conditions for probation?
Probation requires certain conditions. These are some of the conditions:
-
You may not commit any additional offenses and must report any interaction with law enforcement.
-
A court order is required to allow you to relocate.
-
Schedule a meeting with your probation officer
-
To survive, you need to have someone who is on probation and/or has a criminal record.
-
You may be restricted in movement, such as being allowed to only go home from work or under a curfew.
-
The possession of illegal substances, alcohol or sexual objects can be restricted.
-
The possession of weapons, including firearms is not allowed.
-
An electronic monitoring device may be required.
Good conduct
If the court finds it more appropriate to release an accused person on probation for good conduct (rather than immediately punishing), due to his age, character or antecedents as well as the circumstances surrounding his offense, the court may issue a release order to the offender upon signing a bond with or without sureties to allow him to appear in court and receive his sentence if required (not exceeding one-year). This release is only allowed if all the requirements have been met.
* No evidence has been provided to support a previous conviction.
* A defendant is not sentenced to death or life imprisonment for the offense.
A maximum sentence of seven years or less for a crime committed by an offender who is at least 21 years old and has been convicted of the offense.
What happens if you violate probation?
A warning is only given if your probation violation was considered minor or an error.
If your probation officer asks you to appear in court for hearings such as those for probation revocation hearings, you must. Failure to show up could lead to a harsher sentence or even jail time.
The court will allow you to present your case. Your criminal defense lawyers will have the opportunity to present your case in court.
Many factors will be considered by the judge. You can get an extension of your sentence if you have not violated probation before.
It is very difficult to remove a probation violation in Indiana from your record. To mitigate the consequences, you will need to seek the help of an attorney.