Difference between revisions of "Probation"
(Created page with "Instead of serving a prison sentence, a defendant may be required to serve probation. During probation, sometimes known as a suspended sentence, the defendant may be required to ...") |
|||
| (One intermediate revision by one other user not shown) | |||
| Line 1: | Line 1: | ||
| − | Instead of serving a prison sentence, a defendant may be required to serve probation. During probation, sometimes known as a suspended sentence, the defendant may be required to comply with conditions of release. | + | Instead of serving a prison sentence, a defendant may be required to serve probation. During probation, sometimes known as a suspended sentence, the defendant may be required to comply with conditions of release. The defendant's probation is supervised by a probation officer whose job it is to set up regularly meetings with the defendant. |
Individuals on probation may be prohibited from carrying a weapon, leaving the jurisdiction or working around minors. Generally, an individual must give up certain rights -- such as the [[Search and Seizure|the protections against unreasonable searches and seizures]] -- in order to be released on probation. | Individuals on probation may be prohibited from carrying a weapon, leaving the jurisdiction or working around minors. Generally, an individual must give up certain rights -- such as the [[Search and Seizure|the protections against unreasonable searches and seizures]] -- in order to be released on probation. | ||
| − | Searches must be reasonable <ref> Griffin v. Wisconsin, 483 U.S. 868 (1987), United States v. Consuelo-Gonzalez, 521 F.2d 259 (9th Cir. 1975). | + | Searches must be reasonable <ref> Griffin v. Wisconsin, 483 U.S. 868 (1987), United States v. Consuelo-Gonzalez, 521 F.2d 259 (9th Cir. 1975).</ref> |
| − | + | If the defendant fails to comply with terms of probation the probation officer may request the sentencing court hold a [[Revocation Hearing|revocation hearing]]. If the court determines that the individual violated their probation, they may revoke the probation and re-instate the prison sentence. | |
| − | ---- | + | ----- |
See [[Sentencing]] | See [[Sentencing]] | ||
==Notes== | ==Notes== | ||
<references/> | <references/> | ||
Latest revision as of 16:47, 16 February 2011
Instead of serving a prison sentence, a defendant may be required to serve probation. During probation, sometimes known as a suspended sentence, the defendant may be required to comply with conditions of release. The defendant's probation is supervised by a probation officer whose job it is to set up regularly meetings with the defendant.
Individuals on probation may be prohibited from carrying a weapon, leaving the jurisdiction or working around minors. Generally, an individual must give up certain rights -- such as the the protections against unreasonable searches and seizures -- in order to be released on probation.
Searches must be reasonable [1]
If the defendant fails to comply with terms of probation the probation officer may request the sentencing court hold a revocation hearing. If the court determines that the individual violated their probation, they may revoke the probation and re-instate the prison sentence.
See Sentencing
Notes
- ↑ Griffin v. Wisconsin, 483 U.S. 868 (1987), United States v. Consuelo-Gonzalez, 521 F.2d 259 (9th Cir. 1975).
