In the event that you have been convicted of a crime, probation is essentially a way that the court will keep a hold on you either in place of your time behind bars, or after you are released. This is a form of punishment by the courts to restrict you in certain ways, as they hold you to meet certain standards or requirements. The condition of probation often is does as an agreement rather than spending an even longer time behind bars for a crime. For example, you may have had to spend a year in jail, but rather you were able to receive just a few months and then time on probation as well as a lesser punishment.

When you are under probation, this is the understanding that you will adhere to all laws of the justice system. Even a petty law that is broken can result in a person under probation having to go to jail. Even something as simple as jaywalking can demonstrate to the court a lack of want to follow the law. Next, any orders that have been given by the court are also included in this time period, and must be fulfilled. Often times this will be something like paying a fine to the court or restitution charges. When under probation, the individual will have an assigned probation officer who will regularly check in with them. These regular reports to the probation officer include not only checkups on court required details, but also any change in address, place of employment, etc. Must be reported to them as well.

Next, under probation the individual is required to refrain from any and all illegal drugs, as well as any excessive amounts of alcohol. By request of the court, the probationer may be required also to avoid certain people, groups, or places depending on what their crime was for. Depending on the crime, for example a drug crime, the person may be subject to having blood tests done regularly as well as random searches. And it is particularly important to know that when a person is under probation hey lose their right to the Fourth Amendment which allows them protection from unreasonable search and seizures. This means that if they decide to check you or your property, they have the rights to do so.

As briefly mentioned, receiving probation may be the punishment given by the court instead of having to go to jail; or it may be something that is additional to your time behind bars. In many cases, the judge will order the defendant to spend "x" amount of time in jail for their crime, and then after a time has passed; the court may then determine that the remainder of the jail time can be served on probation instead. This is usually done so when there is good behavior, which means that if the court allows you to be put on probation, and you break any of their requirements; jail will be right around the corner again.

Other factors the judge will take into consideration when determining allowing a defendant to go on probation is whether or not the crime that was committed was a violent act. For example, the judge will be more likely to let someone on probation after petty theft as opposed to an attempted murder conviction. They will consider if the defendant is in any way a threat to society or any specific person, whether or not the defendant is willing to make amends with the person they have wronged as well as in the event that the victim was partially at fault for the act.

In the event you have been arrested of a crime, contact a criminal defense lawyer in your area today