What are the Types of Probation?
Consider this, you face several years in prison after being found guilty of your first misdemeanor. Your crime was of the non-violent variety and you had a clean record prior to the incident. The judge doesn’t have to sentence you to go to prison for the period of time typical of your misdemeanor. Instead, they can sentence you to probation for some or all of the years you’re supposed to be in prison, depending on the type of probation you’re given.
Probation is a period of time where you are under correctional supervision and must abide by court-provided rules during what would normally be a prison sentence. Unlike parole, which is offered after you’ve been sentenced and sent to prison for a period of time, probation is something that’s dictated at your sentencing. For those who experience probation and parole, they may not seem different, but there are different avenues to receive one rather than the other.
If you wish to seek probation to provide for your family and stay out of prison or reduce your stay, contact the criminal defense attorneys at Mazzoni Valvano Szewczyk & Karam.
What are the Types of Probation?
Each type of probation is defined by what rules the offender must live under. While there are a set of rules that the court can instate during probation, they don’t usually instate each one or enforce them the same way for every person. This has led to there being four different types of probation. Which one you receive typically depends on your criminal record and the crime you are currently being charged with.
Intensive Supervision Probation
This type of probation is where someone has to follow most, if not all, of the rules probation can place on someone. 037 Pa. Code § 451.119 dictates that the offender on probation must meet with their probation office 8 to 12 times a month for the duration of their probation. One of the most important restrictions that make this intensive is the requirement that offenders are available for “face-to-face” meetings or telephone contact with their probation officer at any hour, 7 days a week.
In this type, the offender first must serve a short term in prison before going on probation. This will hopefully work to “shock” them into staying on the straight and narrow. Once this period of time in prison is complete, they will enter a different type of probation.
During this type of probation, you still have a probation officer that you need to report to, with several rules and restrictions. These are typically not as invasive or plentiful as intensive supervision probation. This type of probation usually includes:
- Drug testing
- Paying restitution to victims
- Performing community service
- Finding and maintaining steady employment
This is considered the least severe type of probation. Don’t think that the label “unsupervised” means an offender has no restrictions. Offenders still have to remain in a designated area of living for their probation period and contact their probation officer when need be. This is usually reserved for victimless crimes or crimes with no one being personally harmed, such as misdemeanor thefts or drug possession.
Contact the Probation Attorneys at Mazzoni Valvano Szewczyk & Karam
Probation can be a good alternative when the evidence is stacked against before even stepping into court. Sometimes, when the risk of imprisonment is high, we can recommend and fight for probation sentences so you can still retain the majority of your freedom.
With all types of probation, you spend more time free, able to work and provide for yourself and your family. The alternative is a prison, and when in prison, it’s your family who can be left behind to suffer the most.
Contact the probation attorneys at Mazzoni Valvano Szewczyk & Karam. We have years of criminal defense experience that we can use to help you.