Probation Consequences

If an offender violates probation, he can receive a prison sentence.

An individual who is convicted of or pleads guilty to a crime may receive a suspended sentence of probation in lieu of serving time in prison. Should the probationer fail to abide by the terms of probation, he most likely will receive additional sanctions including a possible revocation to prison. The level of consequences a probationer receives for violations is determined by the seriousness of the violation.

Violation Types

There are two types of probation violations: technical and commission of a new crime. The most important aspect of probation is the ability to remain law-abiding. Therefore, when a probationer commits a new crime, the ramifications are more serious than for the commission of technical violations. Technical violations include: failure to pay court fees, failure to report, failure to attend counseling and failure to complete community service hours.

Enhanced Terms

A probationer who is returned to court for violations may receive enhanced terms such as counseling, additional community service hours, or a longer probation term which is determined by the initial term granted and the severity of the original offense.

Jail Sentence

A probationer may receive a jail term in addition to the terms already imposed. There are two types of jail terms, initial or deferred. An initial jail term starts immediately. A deferred jail term starts at a future date, usually in six months, to allow the probationer time to comply with the terms of probation. Deferred jail is especially effective for motivating people to attend counseling programs. Jail terms can last from one day to 365 days. Any term longer than 365 days requires that the defendant serve her prison sentence.

Intensive Probation

Intensive probation can also positively motivate a defendant toward compliance. The enhanced restrictions benefit individuals who comply more easily with greater structure. Intensive probation is similar to a home arrest program. The probationer may only be at work or at home unless he has the express permission of his probation officer. He is required to complete mandatory community service hours, and his probation officer may visit him at any hour of the day or night. Intensive probation usually lasts a minimum of nine months but can be extended if needed.

Sometimes, as a last resort, a defendant is given a jail term and placed on intensive probation. The supervising probation officer makes written recommendations to the judge who may or may not follow them based on her assessment of the case.

Prison

Should the probation officer or the judge attempt all other interventions, a prison sentence is recommended. Of course this is a last resort as the optimal goal is to have the offender involved as a functioning member of the community. Sometimes even the defendant decides she does not wish to comply with probation terms and requests a prison sentence on her own.