Misdemeanor Probation Policy & Procedures
Title 18 of the United States Code defines a misdemeanor as a crime punishable by fines, suspension of licenses, probation, community service, and by no more than one year in a county jail. Jail time is typically only given to repeat offenders and most people convicted of a misdemeanor are either fined or ordered to serve a probationary period.
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Misdemeanors vs. Felonies
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Misdemeanors are considered less serious offenses than felonies and are punished accordingly. Felons are sentenced to larger fines and more than one year (and sometimes up to life) in prison, while those convicted of misdemeanors are given lesser sentences. Examples of misdemeanors include: intoxication in a public location, some but not all driving under the influence charges, disturbing the peace, cases of petty theft, traffic violations, prostitution, vandalism, trespassing and possession of drugs. Felonies include such offenses as kidnapping, rape, murder and arson.
Punishment Policy
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Punishment of a misdemeanor depends on the crime and state in which it took place. If a person is charged with reckless driving, or driving while under the influence, their license to drive may be suspended for a period of time determined by the judge in the case. Punishment for petty theft may include a temporary or permanent suspension from the store or business where the crime was committed.
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Determination of Probation
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Pleading not guilty at the arraignment hearing means that the defendant must proceed to either a trial by jury or a bench trial in which the judge makes the decision of guilt or innocence. If guilt is determined, the sentencing may be done at that time or a later date. Depending on the judge's decision, probation may be included as part of the punishment.
Probation Policy
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Probation is a sentencing option that can replace other sentencing options, or used in conjunction with other sentencing options. While serving probation for a misdemeanor, a criminal may be sentenced to home confinement, have firearms removed from their homes, abide by a curfew and remain in the jurisdiction. During probation, the convict may also be asked to volunteer for community service and to report to a probation department or meet with their probation officer monthly throughout their probation period.
Violation
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Should someone sentenced to probation break the terms of their probation, a fine or jail time will be given as a separate punishment for the crime. Following the fine or jail time, probation for the first crime will continue following a second term of probation for the offense of breaking the initial probation.
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