What is Probation?

Probation may be imposed for misdemeanors and felonies except murder, treason, armed robbery, criminal sexual conduct in the first or third degree, certain controlled-substance offenses, or felonies in which a firearm was used the statutory maximum term of probation is five years for felonies and two years for misdemeanors.  Lifetime probation is authorized for some drug offenses. However, within the statutory maximum, the length of probation is determined by the judge at sentencing. probation conditions requiring the offender to avoid criminal behavior, not leave the state without permission and report as specified by the agent, the court is free to impose special conditions of probation based on the offender's criminal and personal history. 

Special conditions may require:
  •  jail confinement
  • substance abuse treatment
  • community service
  • high school completion
  • restitution
  • fines
  • court costs and supervision fees
  • electronically-monitored home confinement
  • placement in a state-funded probation residential center
  • finding and keeping employment. 

    • Violation of Probation
    In any VOP, the defendant faces the maximum possible sentence on the original charge. For example, a violation of probation on a 93-day misdemeanor can result in a sentence of up to 93 days in county jail (with credit for time served). If the original charge was a felony, punishable by up to four years in prison, the violator could receive a sentence of up to four years in prison (otherwise known as a term of years). Despite what an ordinary criminal defense lawyer may say, a jail or prison sentence may be avoidable for a felony or misdemeanor probation violation, if the defense attorney is willing and able to do everything possible to avoid such a penalty. The client must be willing to do what is necessary to assist the violation of probation lawyer.

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