What is Probation?
What is probation?
Probation is a form of punishment for those whose release back into society poses little to no general risk to society. Example, you’ve been convicted, and it’s been worked out where the judge decides to give you probation instead of jail time, or in other cases, some jail time with probation.
The probation could include restrictions on what you can and can’t do related to the offense. People v. Lent (1975) 15 C3d 481. For example, not being able to drink alcoholic drinks for a driving under the influence charge.
In felony cases, the court can sentence a probation for up to 5 years, and in misdemeanor cases, up to 3 years.
How a probation sentence is determined is usually through a Probation Report prepared by a probation officer. The PO conducts research and/or interviews in writing the report. They may use psychiatric or medical reports or the transcript of the trial testimony. Because the judge relies on this report, it’s important for the defense attorney to give all and any information to the probation officer to make a proper assessment.
