Instead of sentencing a defendant to a prison term, a judge may very well select to sentence a defendant to probation. Probation releases a defendant back into the community, but the defendant doesn't necessarily have exactly the same amount of freedom as a normal citizen. Probation comes with conditions that restrict a probationer's behavior, and if the probationer violates one of those conditions, the court may perhaps revoke or modify the probation.
Courts commonly grant probation for first-time or low-risk offenders. Statutes determine when probation is practical, nevertheless it is up to the sentencing judge to ascertain whether or not to actually grant probation.
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Even though sentencing judges have this latitude, they must still stay within the statutory limits when granting probation. By way of example, a judge can never impose probation for a period longer than the maximum sentence prescribed by statute.
Probation has three primary objectives:
- To rehabilitate the defendant
- To safeguard society from further criminal conduct by the defendant
- To protect the legal rights of the victims
Once a judge has granted probation, the matter moves into the jurisdiction of probation officers, who monitor the probationer’s compliance with the terms of the probation.
Probation Conditions
Conditions are an inherent part of probation. Judges set conditions in order to meet the goals for probation stated above. A probationer should comply with these conditions otherwise the court may impose a jail sentence or add more restrictive conditions to their probation.
Courts generally have a great deal of discretion when setting probation conditions, but that doesn’t mean that judges may set whatever terms they want. Probation conditions should be reasonable. This means that the conditions can't be vindictive, vague, overbroad or arbitrary. Furthermore, the conditions need to be related to the protection of the public. Also, any time a judge wishes to impose special conditions, those conditions must relate to the nature of the criminal offense that the probationer committed.
Judges set the conditions, however probation officers enforce them. In cases where a probation officer finds probable cause to believe that the probationer has violated the terms of the probation, the judge could very well either change the terms of the probation or revoke the probation and impose a prison sentence.
Probation Revocation
Because the probationer’s freedom is at stake, however, the probationer must receive some procedural due process before a court revokes their probation. Although the verdict to revoke probation, just like the judgment to grant probation, is at the court’s discretion, the court needs to go through a number of procedural requirements before revoking probation. The probationer fighting revocation doesn’t have as many rights during revocation proceedings as they do through the original criminal trial, however.
In order to revoke probation, a court needs to provide the probationer with notice of the proposed revocation and conduct a hearing on the matter. The probationer has a right to testify at the hearing, present supporting witnesses, and confront the witnesses against them. The probationer also has a right to a neutral hearing body, and must receive a written statement containing the reasons for revoking probation.
If there is sufficient evidence, a violation of even a single condition is able to result in revocation of probation. The violated condition should be valid, however. If the condition is afterwards found to be unreasonable then violation of that condition will not constitute grounds for revocation.
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If you are charged with violating the terms of your parole or probation or have questions regarding a potential probation offense, make sure you call the Most Respected Houston Lawyer the instant for a no charge initial consultation.