It's possible, especially if it is a high classed misdemeanor or a low classed felony, but, there are no guarantees when it pertains to sentencing. There are lenient judges, equitable judges and judges who will use the law to the maximum in every single case regardless of the surrounding circumstances.
There is no definite answer to this question. The decision as to whether to sentence an offender to probation or not is entirely up to the discretion of the judge.
Ask your attorney.
probation subsidy is where the state reimburses the county for the offenders placed on probation, instead of being placed in state prison.
Probation and parole are very similar. They are both forms of supervision by the state or federal government, with standard and special conditions assigned to every defendant. A probation or parole officer is usually the same person who supervises both types of cases. There may be special types of probation and parole, which are handled by specially trained officers of those categories, such as for sex offenders and drug offenders. Probation is a sentence handed by the court, in which the offender is supervised by the state or federal government (either the state's Department of probation, Department of Corrections, or other similar agency, or the US probation department). If the offender violates any of the conditions of probation he can be arrested and returned to the court for hearing on such violation. The judge can then sentence the probationer to more probation, modify conditions of probation, community control (also known as house arrest), or incarceration. Probation can either follow incarceration or be given instead of incarceration (in the case of the former this is known as a split sentence). In states that have parole system (the federal government doesn't) parole may be granted to an inmate. Because parole is granted by the parole board of the Department of Corrections of that state, the offender is still considered inmate, and can be returned directly to prison without any jurisdiction of the courts if he violates the terms of his parole. The parole can range from a couple of years to the rest of what would be the offender's term of incarceration.
No, he almost did but did probation instead.
Yes, you were convicted. Probation IS a sentence. Probation is in lieu of (instead of) incarceration.
No, you consented to that possibility when you signed your probation papers. Instead of going to jail you voluntarily submitted to being overseen and monitored by the probation authorities.Remember! You are serving a sentencefor being found guilty.You could have always rejected the provisions of your probation and wound up serving your sentence in jail instead.
No. Probation refers to time that a person is "watched" instead of incarcerated. Parole means the person was released early from their confinement.
A person cannot be set for a probation revocation hearing unless they have already been sentenced to probation. If you are asking if a person can request to do their prison time instead of being released again to probation then yes they can. It may sound odd, but it does happen.
The sentence depends both on the guidelines of the county in which the offense occurred and personal factors about the case. The impression that you make on the judge, as well as your overall criminal record will play a role in the sentencing.
That is up to the judge.
Yes, you can serve probation while still in jail if you talk with your judge and they like you lol. Just kidding , but my boy friend served 30 days because he didnt do his probation so he prettyy much just did jail time instead of probation
Yes- and apparently, not being satisfied with probation instead of jail, you want to find away around the terms of your probation. Good luck with jail- that IS where you go when your PO reports to the court.
Parole is when a person has been released from prison after serving a portion of their sentence. Probation is a punishment given instead of jail time, so that the person can be monitored.
i've never heard of provoking probation, i assume you mean to revoke probation. Revocation of probation usually occurs when you violate the terms of your release. A common violation is alcohol cumsuptions. Usually you will see a judge in this case and you may possibly have to serve the rest of your time in jail instead of probation if it is a serious enough infraction. Probation is a chance for you to prove to the court you can be better, it is something that is given, therefore can be taken away.
"In lieu of" means "instead of". If some service is ordered "in lieu of" probation then some other form of monitoring will be used such as a substance abuse program or residential commitment.
Probation is where you have been found guilty of a crime/offence and instead of going to jail or paying a fine the Judge has given you a period of time to be served in your community with no jail time/sentence.
If you were sentenced to probation, you could file a motion with the court for re-consideration of your sentence and request jail time in lieu of the probation. Same goes if you were sentenced to jail-time but would like probation. Either way, the sentencing judge will review your motion and render a decision as to whether he will change it.
Probation is given instead of a specific amount of jail or prison time. Violate the parole and you will serve the initial sentence in jail or prison.
No, warrants do not expire.Added; There is no SOL for Probation Violation.Probation is a court ordered sentence for having been found guilty of a crime. If you violate your sentence (probation) you do not get a second bite at the criminal justice apple. You can be sent immediately to jail or prison to finsih serving your sentence behind bars instead of out and walking about.
For assaults. He was bout to go to jail again but instead he on 3 years of probation.
Prop. 36 takes effect when a person has been convicted of a drug possession or under-the-influence offense. Instead of ordering jail time, the judge must place that person on probation and require completion of a drug treatment program lasting up to one year. Many counties will use treatment professionals to interview and screen, or "assess," each drug offender to match individuals with treatment programs that are appropriate to their drug use history and treatment needs. The judge may set any range of conditions of probation to monitor the offender's progress. These may include regular check-ins with a probation officer or court appearances, a requirement to pay a share of treatment costs, drug testing and other restrictions on the person's place of residence, associations, or lifestyle. If the offender violates any of the court's conditions, he or she faces the risk of having probation violated or revoked. Otherwise, the treatment provider selected by the court will provide regular progress reports through the required course of treatment. At the end of the required treatment regimen, the offender may petition the court to dismiss the drug charges. If the court finds that the person complied with the probation conditions and that treatment was "successful," charges may be dismissed, and the defendant will be obliged to disclose the fact that he or she was arrested only in certain specified circumstances.
The term Youthful Offender is a status given to someone under the age of 21 who decides to be charged as a youthful offender instead of being charged with another crime. Youthful Offender status is usually reserved for much greater offenses than a speeding ticket. Youthful Offender was set up to give juveniles a somewhat second chance instead of having an offense on their record that would haunt them for the rest of their lives. If you are young, and I am assuming you are, just pay the ticket and move on with life. A speeding ticket is not the end of the world and will not prevent you from being hired nor is it so horrible that it will haunt you for the rest of your life. In other words, it is not great enough to warrant youthful offender status nor would this status likely be granted by a Judge considering the circumstances.
One of the disadvantages of the YCJA (Youth Criminal Justice Act) is that it protects the rights of the young offender instead of the rights of protection for the society.