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The purpose of probation from a criminal punishment standpoint is that it allows the state to "keep an eye" on a defendant for a period of time. The person is allowed to remain free, but often must perform a series of tasks and must avoid further arrest.

Added: From the defendant's standpoint, they are being allowed to remain free as a "bonus" (a 'gift' if you will) to see if they have learned from their mistake and can be rehabilitated while in society.

Unfortunately there seems to be a common misconception that a sentence of probation means that you "got away with it" or that you are getting a "free bite at the apple." This is NOT true.

Even though "free," you have been found GUILTY and this record will be included on your criminal history. If you fail to follow the provisions of your probation you COULD be sent directly to jail/prison by the sentencing judge if they rule that your actions while on probation are not in compliance with the provisions of the court ordered sentence.

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14y ago

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