With low-level types of misdemeanour and felony crimes, you may get off the hook from serious consequences by simply being on probation. Probation includes reporting to and being supervised by a higher up individual such as a probation officer or someone from the Department of Corrections. You may also need to follow strict laws, such as not engaging with drugs or alcohol or completing community service.
This type of probation is a rather serious kind, as it comes as a consequence for committing a felony such as a drug crime, violent crime, or sexual assault. You will most likely be supervised by an individual from the Department of Corrections, and will most likely serve a probation of at least 18 months and can last many years. If you wish to move, you must get permission from the state.
Under these probation sentencing guidelines, the supervision with a felony probation can be intense, and you may be monitored with measures such as drug tests, GPS tracking, curfews, counseling, and reporting your whereabouts to your assigned officer or team.
While less serious than felony probation, a misdemeanor probation has less strict rules attached to it. While each case is different, it usually involves simply reporting to your probation officer, going to all necessary legal appointments, staying out of any sort of trouble with the law, and obtaining a travel permit before leaving the state.
What Does it Mean When a Sentence is Probated?
You may have heard the term “probated sentence”. This simply means that you are on probation and your time in prison or jail has been suspended. You are expected to report to your appointed probation officer and proceed with all the other conditions of your probation. If you violate any part of the probation, your officer may revoke it and you may be sentenced to your original jail or prison time.
A probated sentence is considered a final conviction, and you cannot get it expunged or have it be eligible for non-disclosure. If a motion to adjudicate to probation is filed, the defendant is still obligated to serve the original sentence.
Deferred Adjudication Probation
This type of probation still involves reporting to a probation officer; however, you may have been found to be not guilty in trial. This conviction is usually given to first-time or low-crime offenders, as the defendant may not receive jail or prison time after the probation period is over. They are also not obligated to serve the sentence if a motion to adjudicate is filed, and they are also eligible for nondisclosure unlike a regular probated sentence.
This involves an agreement between the district attorney and the defendant. The defendant is given a diversion program to complete, and if finished successfully, their case will be dismissed and also eligible for expungement from their record.
When given this option, it’s often seen as a more beneficial and less serious way for a defendant to deal with their charges. The defendant may be able to be removed from the program without a judge’s approval. However, in the agreement, they will most likely need to agree to plead guilty if they violate the program in any way.
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