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Probation Questions

Probation is a sentence given by a judge to an offender where instead of confinement, the offender is released but under the supervision of the court. While on probation, the offender must report to a probation office and to a probation officer who has been assigned to the offender. Usually there is a time period issued by the court that must be completed by the offender, along with any fines or restitution. While some probation is un-supervised, another form of probation is supervised meaning the offender must check in regularly to his/her probation officer. Below are a few of the more commonly asked questions regarding probation that has been answered by Experts.

Probation has become an important part of the sentencing process. Why has probation become as prevalent as a means of punishment? How effective is the punishment?

Probation is a means of punishment used by the court system to ensure that offenders are not breaking the law while allowing the court to maintain continuous observation of the offender's progress. While some people think that probation is a weak sentence, it actually carries a rather stiff penalty if violated. Probation seems to keep offenders from breaking the law due to the fact once successful completion, the offender can continue with their normal routine without the fear of imprisonment.

Probation is often effective to the offenders who want to make a change in their lives and want to do the right thing. However, for repeat offenders, probation usually isn't as effective. Repeat offenders tend to have no interest in changing their lifestyle or their need to change the habits that originally brought them into the court system. Generally, it all depends on the person who is placed on probation as to the success of the process. If a person wants to obey the law and clean up their poor choices, probation is very effective. If the person doesn't have any respect for the law or authority, probation tends to be a waste of time for the court system and the person who is unwilling to make the needed changes.

I am on probation in Florida and my Probation Officer (PO) refuses to acknowledge that my employer is a company for which I am the registered agent. When I need to leave the county for business purposes, The PO refuses to accept my employer's verification of the request. Is there something I can do?

Usually if there is an issue with your probation officer, you could contact the probation office and speak with your probation officer's supervisor in an attempt to resolve the issues. You are required to work while you are on probation. As long as you performing your job according to the employment requirements, there shouldn't be an issue for you to leave the country.

If the probation supervisor cannot help remedy the issues with you and your probation officer, your next step would be to go before the judge who placed you on probation and explain your situation. It is possible that the judge will request a hearing to verify the existence of your job and the need for you to travel outside of the country. If there has to be a hearing on this issue when verification is as easy as pay stubs to show proof of employment, the judge probably won't be very impressed with your probation officer's actions.

Can two felons get a probation violation for getting married?

Usually, one of the stipulations of a person's probation is to stay away from other people who have a criminal record or who have engaged in illegal activity. You should contact your probation officer and see what they are willing to do in a situation like this. There is a good chance that the probation officer will not permit you to marry a felon while you are on probation and they would be within their right to do so. If the person that you want to marry had a part in you being on probation, it will probably be an absolute no.

Probation is a form of punishment issued by the court to keep an offender in line while being monitored by the court. The court will take probation violation very seriously and tend to have steep penalties for those who break probation. If you have questions about probation or are on probation and need clarification, you should ask an Expert to assist you.
 
 
 

Recent Probation Questions

 
 
 
  • In 1990 I was convicted of a felony (mail fraud) in Florida.

    In 1990 I was convicted of a felony (mail fraud) in Florida. I served 18 months in a Federal Camp and completed 4 years probation and no fines. I never reoffended. 23 years have elapsed, I am now 72, retired and residing in South Carolina. My wife and I both have a passport and prior to 2000, visited Canada on two occasions. Now I understand that the travel requirements have been dramatically increased and that I may require an application for "Criminal Rehabilitation" in order to visit Canada on a short vacation. I have reviewed the 4 page application and because so much time has elapsed I can't remember all the jobs, addresses, dates, etc. Nor do I have any paperwork regarding the original offense. When do I do?
    Gary Pittman
  • I accepted a plea agreement with Glendale City Court for 2

    I accepted a plea agreement with Glendale City Court for 2 misdemeanor charges. They dropped one if i agreed to plea guilty for the second offence ( Count B: Disorderly Conduct, a Class 1 misdemeanor). My sentence was to be pay a fine, 1 year of probation and attend 26 "Diversion Classes". I have attended 8 of the Diversion classes and they are not productive nor do they assist their clients in learning new behaviors to deal with their problems. I have also been seeing a private counselor with my significant other specifically for Anger Management and Couples support. Private counseling is far more individualized and forces me to talk about issues and alternative solutions. Is there a way to petition the court or prosecutor to consider my personal counseling sessions as part of the 26 required courses?

    Thank you in advance for you assistance.

    Jodi Sniegowski
  • My 17 year old son was just put on probation. As a condition

    My 17 year old son was just put on probation. As a condition of his probation, he had to agree to submit to unwarranted search and seizure. The problem is, he still lives at home with me and his mother. We have done nothing wrong and feel like our rights are being violated. Can the probation officer search our entire house without a search warrant? Or is it only his bedroom and common areas of the house, such as the living room and kitchen? Is there anything we can do to protect our rights?
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