Probation

Probation, also called community supervision, allows a defendant to avoid incarceration in exchange for fulfilling certain conditions imposed by the court. Except for federal court, granting probation is in the discretion of the court. The judge considers the jury and victim's recommendation for probation, along with determining whether probation serves the best interests of society.

By granting probation, the judge is suspending imposition of the defendant's sentence without entering a final judgment of guilt. The charges are dismissed and the defendant is discharged once the probationary period has ended. Thus, successfully completed probation allows a defendant to truthfully say he has not been convicted of a crime.

In felony cases, the length of the probation period is generally the same as the minimum prison time required for commission of that felony. Typical conditions imposed include scheduled meetings with a probation officer, regular drug testing, mental health treatment, electronic monitoring, restitution payments and limitations on a defendant's ability to travel. Of course, probation requires that a defendant not commit any subsequent crimes. Failing to fulfill any of the probationary conditions will lead to a defendant's arrest, revocation of probation and require a defendant to begin serving his original prison sentence.

In some states, "shock probation" is used to rehabilitate a defendant. Under these programs, a defendant found guilty is incarcerated, or "shocked" for a period of days or weeks, then released on probation. A defendant may request shock probation or the judge may order it at her discretion.