Probation is defined as a “sentence imposed by the court system in place of actual incarceration”. When one is sentenced to probation it indicates that the person has actually been convicted of a crime and has either served a portion of his or her sentence behind bars or may complete the terms of a sentence outside of a jail cell. Probation is usually offered for misdemeanor and probationable felony offenses. Capital crimes such as murder, rape and more serious felonies likely do not qualify for probation.
When one is given a sentence of probation versus a jail sentence that does not mean that he or she is scot free. Probation comes with certain requirements set forth by the court. First, offenders must meet regularly with probation offiicials whose responsibility it is to determine if the offender is adequately meeting the terms of his or her probation. The courts may require that the offender hold down a job, abide by a curfew and refrain from engaging in certain behaviors such as drinking or being in possession of a firearm. In addition, they most likely will be required to stay away from their victims and codefendents and perform some type of community service as well.
Finally, other terms of probation may include that the offender wear an electronic bracelet thereby allowing law enforcement to track your wearabouts and/or submit to random or regular psychologist and drug screening.
Occasionally, an offender may be given unsupervised probation. This means that he or she must meet the terms of probation over a period of time without the involvement of a court officer. If the offender does not live up to the terms of unsupervised probation - it may well be revoked and other punitive measures taken up to and including incarceration.
David Breston is a Houston probation defense Attorney. If you need Harris County probation revocation defense, call David Breston at 713 224 4040.
