Most Common Conditions of Probation
When a person charged with a crime is found guilty and put on probation, their jail sentences and/or fines are typically suspended. A person may receive fewer days in jail or none at all as a condition of their probation, but this isn’t the only condition.
When probation is handed down by a judge, it comes with certain rules and restrictions. When a person violates any of those conditions, their original sentence will be reinstituted. The conditions of probation vary from jurisdiction to jurisdiction. Conditions are also dependent upon whether or not probation is court-supervised or probation officer-supervised.
Standard conditions are a part of the probation, no matter the level or type of crime. They typically include attendance to classes or therapies, random drug testing, no criminal activity and no contact with certain people. The person on probation must also normally secure some type of approved employment.
Other standard conditions tend to include restitution if applicable, payment of court costs and fees, and even community service. The person on probation must comply with orders handed down by the judge, consent to home searches, limit or end all alcohol or drug intake, and may not leave a specific area. In cases that involve sexual assault or abuse, the person may also be ordered to register as a sex offender as part of their probation.
When the crime committed is a serious misdemeanor or a felony, the judge may add special conditions to the probation. Some special conditions include house arrest, incarceration with the ability to leave for school or work, payment of all legal obligations, and drug or alcohol counseling. Searches of vehicles, electronic devices and homes are typically a special condition of probation for sexual offenders.
Being placed on probation is often preferable to being incarcerated. That being said, probation should be taken no less seriously than being placed behind bars. In fact, being placed on probation often leaves more room for error. When a person is placed on probation, conditions hang over their head, bringing with them the constant possibility of having the original sentence imposed.
Any person placed on probation should be very clear on what the conditions of that probation is. If assigned an officer, the defendant can ask questions to clarify their requirements. If placed on court-supervised probation, the defendant should ask their attorney exactly what is expected of them while they are under supervision. When a person understands the terms of their probation, they are more likely to be in compliance.
If you have been arrested in Atlanta or the surrounding area, you may be facing serious consequences. Do not attempt to defend yourself. Reach out to our team of experienced and knowledgeable criminal defense attorneys for assistance. We will review the details of your arrest and charges during a free consultation and advise you of your legal options. Call now to schedule your appointment.