Judges ultimately decide whether to grant or deny probation at sentencing. But, if she violates probation (doesn't follow the conditions), the judge can impose and order her to serve the six-month suspended jail sentence. If Julia complies with the conditions of probation, her sentence is complete after her year of probation. A judge might sentence her to one year of probation with conditions. Say Julia is convicted of a crime that carries a maximum sentence of six months in jail. For the duration of probation, the threat of incarceration continues to loom over the defendant's head. When a judge sentences a defendant to probation, the judge typically suspends the jail or prison sentence and makes the suspension conditional on the defendant meeting certain requirements (see below "Conditions of Probation"). Courts can grant probation in most misdemeanor and felony cases as an alternative to incarceration or following a period of incarceration. Probation is a court-ordered period of supervision served in the community. Criminal sentences can include incarceration, probation, fines, restitution (victim compensation), community service, diversion, or a combination of these options. Judges have multiple sentencing options at their disposal. Sentencing Alternatives to Prison or Jail This article explains how probation works. In some cases, defendants can reduce the amount of time they are incarcerated or avoid imprisonment altogether if a judge grants them a type of supervised release called probation. Violating probation can lead to a range of consequences, from a warning to revocation of probation and incarceration, whereas probationers who abide by the terms might earn early termination or be able to expunge their criminal record.ĭefendants who are convicted of misdemeanors or felonies often face sentences that include jail or prison time.Standard probation conditions often include obeying all laws, reporting to a probation officer, maintaining employment, and staying away from victims.Judges decide whether to grant or deny probation and set terms (conditions) that a probationer must abide by.It allows a defendant to serve all or part of their sentence in the community under supervision, rather than behind bars. Probation is one type of sentencing alternative to prison or jail.
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