An answer would make no difference. No one can possibly know what is in a judge's miond when he makes that decision. It is not up to the defendant to make such a choice anyway. The choice is totally the judges and based on subjective factors to which refers to make his decision.
Look in your notes from class, its either: imprisonment *probation parole death sentence
Look in your notes from class, its either: imprisonment *probation parole death sentence
Probation itself IS a sentence. If you abide by all the conditions of the probation sentence you will remain free of jail. If you violate the condition(s) of your probation your freedom can be revoked and you can be remanded to jail to serve the remainder of the term of your sentence.
Probation and custody - are two completely opposite situations ! Probation - is a period of supervised freedom while a case is being prepared for court. Custody - is a period of imprisonment - either before a court case (remand) or after trial (sentence).
Rigorous imprisonment refers to a stricter form of incarceration where the prisoner must perform hard labor or endure harsher conditions as part of their sentence. This differs from simple imprisonment, where the prisoner serves their time without the additional requirement of hard labor or harsh conditions. Rigorous imprisonment is often reserved for more serious offenses.
Not enough information was given in question. Did he violate his probation? If so, then he violated the provisions of his lenient sentence and will now suffer the consequences of the more severe sentence. If not, contact the New Mexico Attorney General's Office.
A suspended sentence
The quesion is worded in a very confusing manner. HOWEVER - if I understand it correctly, the question is about a sentence of probation and what future conditions may be imposed on that sentence. If that is the case: A sentence of probation is a sentence imposed AFTER the defendant is found GUILTY of an offense. Certain strict prohibitions and conditions are imposed upon the defendant in return for this lenient sentence of probation. BUT - if the probationer violates these terms and condition he may be subject to further, more stringent, action by the court, up to and including incarceration for the entire term of the original sentence. This is not double jeapordy! This is a case of the defendant spitting in the face of the court which offered him lenient conditions for release into the general community by continuing to commit other offenses, after being found guilty.
The conditions of a convicted person's probation are clearly set forth in the documents they receive at the time they are placed on probation. A violation of ANY of those prohibitions constitutes a Violation of Probation (VOP) for which the probation can be revoked and, at the option of the judge, the subject can be remanded to jail to serve the remainder of their sentence.
It means you have not met the provisions of your probation sentence and are subject to imprisonment for failure to comply with the courts order.
Probation is NOT a "get out of jail free" card. It IS a sentence for a crime. The conditions of your probation are whatever the judge says they will be. The PO only carries out the orders the judge issued in your particular case.
Probation means that the court decided the imposition of your sentence was suspended and granted probation. The grant is most commonly 3 or 5 years, but can be any time period the court sees fit. In lieu of serving jail/prison time, the probationer gives up 4th amendment rights and agrees to a warrantless search as well as the other terms and conditions of probation. If the terms and conditions are violated, the PO can file a motion to revoke probation. If probation is terminated, the defendant may have to serve all of the original sentence. If the probation is reinstated, the terms and conditions can be modified, or the probation expiration date be extended, and credit for time served be waived.