Conditions of Probation Posted on 2010/06/02 |

Probation is designed to offer courts an alternative to punishing a person with jail time. It can also be utilized as a part of a person's parole conditions. The intent is to free the individual from the physical containment of prison while still keeping their lives under tight restriction and monitoring. The threat is that if the conditions of the probation are broken, the person can easily find themselves back in jail (or in jail for the first time, depending on the situation).

Sometimes, people look at probation as an easy way to avoid prison. This is partially because prosecuting attorneys will sometimes present it as a "best case scenario" as part of a plea bargain or sentencing hearing. In reality, there is nothing easy about living under the strict conditions of a probationary sentence. It can make life extremely stressful not only for the person on probation, but also for their loved ones, friends, employers, and roommates.

The conditions of a person's probation are set by the court. If applicable, they tend to be relevant to the crime for which the individual is being sentenced. For example, if a person is charged with a crime relating to a DWI, their probation may include the condition that they not consume any alcoholic beverages. Other conditions can include curfews that place set times on when the person must be home, required work hours, restrictions on where the person lives, limits on who the person socializes or comes into contact with, and paying fines or fees.

In almost all cases, probation conditions include frequent meetings with a probation officer. This officer is responsible for determining whether or not the person is satisfying the requirements of their probationary sentence. The probation officer has a huge amount of control and influence over the life of the individual required to meet with them. In many cases, they can change the conditions of their probation with very little or no warning. A probation officer can search your residence at will, and report violations to the judge, resulting in revocation.

Clearly, probation is not as pleasant as many prosecuting attorneys make it out to be. If you are being put on probation, it is very important to have good legal representation to help negotiate the terms of your sentence.