Probation in legal terms is a period of supervised release in which an individual is not formally imprisoned but ordered to undergo supervision for a specific period of time. For most offenders, probation may also include community service and sometimes, counseling. Many times, probation does not involve jail time or fines. However, probation can still result in a prison sentence if the defendant fails to meet the conditions of their supervision. If you are currently facing a crime, such as a drug crime, and you need an Indiana drug crime and you need an Indiana drug crime attorney, call our office at 317-602-5970.
How Does Probation Work
Probation is typically used as a last resort after an offender has been found guilty of a crime and the penalties have been imposed and can be achieved through various ways. Some states allow judges to waive probation altogether; this is called incarceration. The length of the probation period varies from state to state and varies by type of crime. For example, in some states, an offender will be required to serve at least a year on probation before they are eligible to apply for parole. In other states, the probationary period is between six and eighteen months depending on the crime.
Misdemeanors Often Mean Less Time on Probation
When an individual is convicted of a misdemeanor or felony, the offender will face a shorter probationary sentence. Probation is used for first-time and low-level offenders. If you are facing charges, the first thing you should do is talk to a local defense attorney. Defense lawyers have experience handling criminal cases and know how to fight for your rights.
If You Violate Probation, You Could Go to Prison
If the judge decides that you should go to prison, your probation officer may recommend that you enroll in a program such as Narcotics Anonymous. You may be given the option of attending classes with your probation officer or by yourself. In some states, if you don’t complete your program, the judge can still send you to prison even if you are not a repeat offender.
Length of Probation Depends on the Crime
A probationary sentence will vary depending on the crime, the state in which the crime occurred, and the type of crime. For example, in many states, a misdemeanor crime will only involve a probationary sentence. It is important that you talk to a defense lawyer if you are going to go to prison.
Probation Could be Extended
Once you have completed your probation period, your case may be transferred to a different court, like the circuit or district court. This means that your probation is extended for another period of time. This prolongs the time you spend in custody of the correctional facility while you continue to fulfill all conditions of your probation. You may be required to attend counseling or community service, and sometimes, you may be placed on house arrest in Indiana until you are in compliance with your new sentence.
Probation Can Be Revoked if You Commit Another Crime
Your sentence may be revoked if you are charged with a new offense within a certain period of time. For example, a defendant who is serving a sentence of probation for a felony might be released after one to two years if he or she is charged with an additional felony.