A probation sentence is not a prison sentence. Therefore, it should not be treated as such. The literal and most basic definition of probation is the testing of one's behavior and/or abilities. It is essentially a trial period in which your actions will be closely observed and scrutinized in order to determine the allowance of greater freedoms. In legal instances, it most commonly refers to a period of time in which an offender must obey certain predetermined conditions as established by the court.
Probation sentences can be ordered at both the federal and state levels, and usually accompanies cases of short jail time or in lieu of jail time. Those who are sentenced to probation without prison beforehand are under the condition of a suspended sentence in which good behavior must be displayed throughout the duration of probation time. In these cases, a probation officer will be assigned to the person under probation (the probationer) in order to ensure that court procedures are followed.
Probation may also accompany a short stay in jail. In some instances, a judge has previously decided that a period of incarceration must be completed before a person is released on terms of probation. The time spent after a jail term will be monitored by a parole officer, and it almost never applies to those who have served long prison sentences. Typically, parole is used only in situations of minimal jail time and it can last for months or years depending on the decision of the courts.
It is important to understand the difference between probation and parole so as to steer clear of engaging in any type of behavior that may violate the stipulations of one and not the other. Parole and probation both indicate a supervision of convicted criminals; however the two are separate and adhere to different conditions. While probation is ordered by a judge, parole is obtained through a parole board. Probation is used an alternative to prison and is given to those convicted of offenses not as serious as those which unarguably result in prison time. Parole, on the other hand, only follows periods of prison or jail time and is given to those who have acted out more serious crimes.
Actions allowable while serving a period of probation will rely heavily on the discretion of the judge. Generally, probationers are prohibited from retaining firearms. They may also be required to gain or maintain employment, follow a curfew, live in a pre-specified living space and abide by the conditions set forth by their probation officer. In addition, probationers may be asked to refrain from communication of any sort with victims of their crime, victims of similar crimes or other criminals. Terms set forth regarding probation will depend on the nature of the crime and the aspect surrounding the case. For example, some probationers might be forbidden to drink alcohol while serving their probation time.
Offenders released on probation may also be required to wear an electronic monitoring tag. This device will allow officials to maintain constant awareness as to their whereabouts. It is also not uncommon to be asked to submit to frequent drug or alcohol testing and/or attend substance abuse treatment if necessary. Many probationers are also advised to seek psychological treatment and perform a specified number of community service hours.
Perhaps the most pertinent information to know regarding probation sentences is the types of supervision applicable to a particular situation. Informal supervision can be supervised or unsupervised depending on the circumstances. It is reserved for individuals who have not been found guilty. Traditionally, some constitutional rights will need to be waived by the probationer in order to proceed with this type of supervision. Unsupervised probation requires the probationer to complete certain conditions but does not require involving a probation officer. Conditions might include community service work and payment of fines. Standard supervision looks very similar to that described above, in which regulated reports to an officer must be made, among other things. The most intrusive forms of supervisory probation are intensive probation, GPS monitoring and home detention. These are reserved for violent criminal offenders.
No matter what type of supervision you ultimately end up with, it is important to remember that this is not the same a stay in prison, and you should not be treated as prisoner. Probation and parole times are a gateway into greater freedoms that could be in your near future.
