Whether you have never been charged with a crime before, or you have recently been charged with a criminal offense, it is possible that you have an idea in your mind of what probation is all about. Many people are aware that being on probation includes not being incarcerated, but some people do not know much more about it than that. Perhaps even more importantly, some people who are facing criminal charges may not fully understand what probation is, and how it could affect their life if it is offered to them as an option and they choose to accept it.
The first and most important thing that people should know about probation is that it is not something which is offered to in lieu of jail time. Each defendant who has been convicted of a crime receives a jail sentence. Some people who have been convicted of crimes, particularly less serious offenses, are given an opportunity to continue living in the community if they abide by certain conditions for a specified period of time, which is referred to as the term of their probation.
While a person is on probation, their jail sentence is placed on hold until one of two events occurs. If a probationer violates one or more conditions of their probation, a judge may send them to jail to serve the original sentence that was ordered when they were convicted of the crime that they committed. Depending upon the nature and extent of the violation, the judge does have the option of sending them to jail for part of the original sentence, or to place them back on probation. For example, a missed appointment with a probation officer is likely to be considered in context with the probationer’s other behaviors. If it was a one-time occurrence, and all other conditions are routinely complied with, then it may be overlooked. If, however, the probationer misses other appointments, fails drug tests, and loses their job, then the sentence is likely to be imposed. If a probationer successfully completes the term of his or her probation, a judge may excuse them from serving their jail sentence.
Probation orders vary as far as what they require of the people to whom they apply. A typical probation order may include requirements to refrain from certain types of activities, or to refrain from interacting with certain people or going to certain places. Participation in rehabilitative programs like counseling, substance abuse treatment, or anger management may also be part of a probation order. Drug and alcohol testing are common probation requirements, as are regular check-ins with a probation officer. If the court deems it feasible for a person to hold a job, employment may be required as a condition of probation. Community service work may also be required. Probationers may be required to pay fines, child support, restitution, or other fees as conditions of their probation. Some probationers may be required to live in a specific type of housing, or to permit random inspections of their living quarters.
If you have been accused of violating the conditions of your probation, your freedom is at stake. It is essential that you seek the assistance of a skilled Kansas Criminal Defense Attorney, who can help you to present your best possible case to the court. If you have successfully completed your probation and you want to know whether you could possibly qualify for expungement of your criminal record, a Kansas Criminal Defense Attorney can help you with your questions on that topic. To learn more about how a Kansas criminal defense attorney can help you with any questions that you may have regarding probation, please call our Wichita office today at (316) 264-1548.