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Probation

Standard Terms and/or Conditions of Probation

Probation, or community supervision, is an alternative to prison and jail penalties for certain types of criminal offenders.  If you agree to be placed on Probation, you are agreeing to be sentenced to jail.  However, the jail sentence is probated (suspended) as long as you satisfy the terms imposed by your Community Supervision Department (Probation).  That means that cell walls are much farther from you, but they are still there and you must conduct yourself as though a Jailer is watching your every move. While on probation, you must follow TO THE LETTER each of the Conditions of Probation that the Judge has placed upon you.  If you violate your probation, your probation can be revoked and you could be required to serve the full term jail sentence. 

 Types of Probation:

      ·         Regular Probation:  The defendant has been found guilty and sentenced to 10 years or less in prison, or 2 years to 180 days in the state jail.  This sentence is suspended and the defendant is placed on probation. This is a final conviction that remains on your criminal record forever.

·         Deferred Probation:  The defendant pleads guilty or no contest.  The Judge refrains from finding them guilty and places them on deferred probation.  The defendant isn’t TECHNICALLY convicted of a crime and the punishment range for the offense is the full range of punishment. This sentence is generally considered equal to a conviction, until the case is later sealed from public disclosure, if available. Some cases are never sealed, some have waiting periods for sealing but many can be sealed immediately after successful completion of the probation. Nonetheless, the record exists on police type agency records forever.

·         FELONY CASES ONLY

o   Shock Probation:  The defendant is sentenced to 10 years or less in TDC.  In State Jail cases, the defendant is sentenced to 180 days to two years.  The defendant is bench warranted back from TDC and the Judge determines whether or not to probate the defendant.

o   Boot Camp Supervision:  The defendant is sentenced to 10 years or less in TDC.  The defendant is ordered to TDC and the Boot Camp will let the Court know about the defendant’s progress or lack of progress.  The defendant will be bench warranted back to the Court of jurisdiction and the Judge will determine if the defendant will receive probation or not. State Jail Felony cases cannot attend Boot Camp.

 Conditions of Probation:

     ·         Commit no other criminal offenses and possess no firearms during the probationary period.

·         Avoid injurious and vicious habits; including the use of illegal drugs and alcohol.

·         Avoid persons or places associated with criminal activity and those who commit offenses.

·         Obey all rules and regulations set forth by the probation department; and report and maintain contact with the probation officer as set forth by the probation department.

·         Allow the probation officer to visit you at your home or place of employment.  Notify the probation officer within 24 hours prior to any changes in the address of your residence or employment.

·         Secure suitable employment and notify the probation department of any changes. 

·        Remain in the county in which you were placed on probation or another approved county.  Written permission must be obtained from the probation department prior to travelling to another county.

·         Pay any child and/or family support.

·         Submit to random alcohol or drug urine testing as requested by the probation department.

·         Pay all fines, court costs, fees and restitution.

·         Attend any and all classes, including performing community service, as set forth by the Probation Department.

·         Participate and pay for a CATS – Drug and Alcohol Evaluation by a professional counselor.  If the evaluation determines you may have a problem you will be ordered to attend a treatment program at your own expense.  A person convicted of a drug or alcohol offense may be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse.  If a problem is detected, additional terms and conditions of probation are ordered in your case at your own expense.  This evaluation is done by a government agency, not selected by your or your attorney.  For instance, the ignition interlock might be added as a condition of your probation.  You could also be ordered to attend AA meetings as a condition of your probation, regardless of the results of your evaluation.

·         Abide by any other conditions imposed by the Court.