Probation is a form of legal supervision imposed by the court. A person can be sentenced to probation rather than giving him jail time. Also, according to a probation lawyer West Palm Beach, probation may be sentenced subsequent to a prison or jail term.
Basics of Probation Law
Who Can Use Probation?
Probation can be availed by individuals charged with infractions of the law, misdemeanor, or light felonies. As stated by a probation lawyer West Palm Beach, to determine whether you are eligible for probation, pieces of evidence should be presented during the negotiation process of the plea bargaining or during the sentencing phase of the trial. The probability of respondent or accused to avail of probation may be affected by the degree of offense with which he or she is charged. As earlier stated, the court, during the sentencing phase of the trial, can determine whether probation is allowed under the law.
Criminal acts, misdemeanors, and light felonies are not the only ones that constitutes as a probation violation. Non-criminal acts may likewise constitute as such. Depending on the charges and sentence you face, the most common non-criminal acts that could be considered as a probation violation are failing to come home, be at work, be at school, etc. without a reasonable excuse for absence; failing to pay fines or restitution; failing to complete substance abuse treatment programs; and failing to meet/avoiding your probation officer. Additionally, as conferred by a probation lawyer West Palm Beach, violating the terms of protection orders and testing positive for controlled substances may also be a probation violation.
Types of Probation
Probation is classified in various types such as standard probation, administrative probation, drug offender probation, and sex offender probation. Persons sentenced to standard probation are required to constantly report to their probation officer while administrative probation, otherwise known as non-reporting probation, is somewhat akin to the former. The only difference is that you are not required to report to the probation officer. Hence, administrative probation is the most humane type of probation.
To Know More, You Can Get a Probation Lawyer West Palm Beach
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