New York(Washington Insider Magazine) -Probation is a court order that allows criminal offenders to stay in the community. They don’t have to serve in jail and are allowed to stay outside of jail even after committing a crime. Although people who are granted probation have to abide by some set of laid down rules.
Criminals often hire criminals to get probation because they find probation better than getting incarcerated in a cell packed with criminals. A probation order can be obtained by an offender after hiring a criminal lawyer. The probation laws give criminals a chance to amend their ways and turn over a new leaf after conviction.
What Is Probation?
Probation is a court order that allows a criminal to stay in the community instead of serving jail time. The court provides the list of probation laws and you can also talk to your attorney about it. Remember, that you can lose your probation if you fail to follow the probation laws.
It is important to report to your probation officer always. You must satisfy all the probation conditions without any nagging. It is best to get help from the attorney who has been assigned to you. It is also vital to begin, early, if you want to build up a good rapport with your officer.
Remember, probation is a paused sentence. You must satisfy your probation conditions at all costs. If the conditions are violated, then the judge will reserve the power to order a probation revocation and has the authority to send you back to your jail time sentence.
Crimes That Get Probation
A probation order is a lot better than a jail-time sentence. A common question that most offenders as is that are they eligible for probation. Here are some of the crimes that can get probation.
1.Convicted Offenders Can Get Probation
The judge is given the authority to order probation for a conviction. The probation officers also have the authority to evaluate the defendant. They set the rules on the provisions contained at 18 U.S.C sect 3561. The law says that convicted offenders can be sentenced to probation.
2. Finance Related Convictions
Some finance-related convicted offenders can get probation. These criminals are considered for probation and some alternative sentences. If a person has done a crime related to finance and money laundering, then he/she is eligible to get probation.
The person has not committed a serious crime of murder and that is why they are considered for probation by the law. They get probation because they can easily make restitution. These criminals get a punishment in the form of reimbursement. A defendant is eligible for probation, the 18 U.S. Code § 3561(b). You are given a 1- to 5-year probation term.
3. Failing To Pay For Fines
If a person fails to pay fines, then he is capable to get probation.
4. Failed Drug and Alcohol Test
Getting caught with a drug is a serious crime. However, if a person fails to pass a drug test then he is capable of getting probation. If you are an alcoholic and fail to get a negative alcoholic test, then you are eligible for probation.
5. Non-Fulfilment Of Employment Contracts
If your employer has filed a case against you for the nonfulfillment of the employment contract, then you are eligible for getting probation.
6. Fraud And Money Related Crimes
However, offenders that are punished with money-related crimes like fraud have a higher chance of getting probation.
7. Larceny And White Collared Crimes
Larceny and other white-collar crimes may get the most chances of getting probation.
Satisfying Probation Conditions
Probation comes with lots of dos and don’ts. These rules are considered to be probation conditions. Following these rules is a lot better than doing time in jail. If you want to avoid further legal issues, then it is important to abide by the rules and regulations during your probation duration. If you fail to abide by the terms of probation, then it is considered a Violation of Probation. This may attract more legal penalties and you might get punished for breaking the laws.
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Criminals That Cannot Get Probation
The criminals cannot get probation if they are facing the following conditions:
- Individuals guilty of Class A– and/or Class B-grade felony
- An offense where the probation terms are expressed precluded.
- When the defendant is guilty and still has to serve the imprisonment term. Probation is also not allowed for some non-petty offenses.
- Crimes that are related to firearms, violence, and immigration are offered with an alternate sentence. These sentences may include home confinement and probation.
