What Is Probation in a Criminal Case?

Probation can be offered to criminal offenders instead of time in custody.

When a person commits a crime, he may be offered a type of community supervision, called probation. Probation is generally supervised, but, if certain conditions are met, a person can also be placed on unsupervised probation, which requires only infrequent reporting to the probation officer. While on supervised probation, the offender regularly reports to his probation officer, usually once or twice a month.

Probation and Parole

Probation is generally offered instead of spending time in custody. Parole means that the person is released early from custody, usually prison, and receives community supervision at the end of his incarceration.

Unsupervised Probation

Unsupervised probation is granted only if certain requirements are met, including no violence in the offense and no counseling needs for the defendant. Conditions include: obey all laws, contacting the probation officer within 72 hours of police contact, complete community service hours as directed, and pay all fines and court-ordered fees as directed.

Supervised Probation

Supervised probation terms can vary slightly from state to state and for federal felons. Terms generally consist of the following: obey all federal, state and local laws; do not contact any other felons; pay all court fees, including applicable fines and restitution; do not possess any type of weapon, including a knife; submit to search and seizure of property or vehicle at any time; report to a probation officer as directed; permit home and employment visits as needed; report any change of address to your probation officer 10 days prior; do not leave the state without written permission from your probation officer; seek and maintain employment and report any change of employment status to your probation officer 10 days prior; do not use, sell or possess alcohol or illegal drugs; use any other prescription drugs only with a valid prescription; submit to urinalysis testing as ordered; attend counseling as directed; complete community service hours as ordered; have no contact with the victim in the case without court permission; and notify the probation officer of any police contact within 72 hours.

Special Terms

Special terms and conditions of probation may also apply. These may include the following: abide by sex offender, domestic violence, mental health, intensive probation, gang, white collar or drug offender terms; attend specialized counseling as directed; abide by curfew; and submit all financial information to the probation officer.

Probation Revocation

Probation is revoked if the defendant fails to abide by the terms and conditions of probation. Probation revocation can be performed at the discretion of the supervising probation officer. However, the most serious infraction a defendant can commit while on probation is a new crime, especially one that is similar to the offense for which the defendant was placed on probation. Enhanced terms often apply and can include: jail time, a longer probation term, increased court fees, additional counseling or revocation to prison.