What Is Required of Probation in My State?

Not all criminal offenses lead to jail time. State laws allow judges to put people convicted of a criminal charge on probation. Also known as “community supervision,” probation allows a person to continue living and working in the community under certain conditions specified by the court and a probation officer.

Probation requirements are strict, and they can place a heavy burden on you to avoid jail time. If you violate probation, you can face additional penalties or even have probation revoked and go to jail. Make sure you understand the conditions of your probation so you won’t lose your freedom. For questions about your probation sentence, talk to a local criminal defense attorney.

What Is Probation?

Probation is an alternative to serving a jail sentence for a criminal conviction. It’s a form of supervised release where the person can still contribute to society while following the terms of probation to stay out of trouble.

Probation is a common option for people convicted of misdemeanor offenses and non-violent felonies. During sentencing, the court imposes strict conditions of probation that you must follow in order to stay out of jail. A probation officer is assigned to your case to monitor your compliance and report any violations to the court.

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Understanding the Conditions of Probation

No two probation cases are identical. Criminal law affords judges wide discretion in setting probation conditions. Some of the more common conditions include:

• Regularly reporting to a probation officer
• GPS monitoring or home confinement
• Following a daily curfew
• Maintaining steady gainful employment or staying in school
• Obeying all applicable federal, state, and local laws
• Not traveling (or moving) outside the state or county without permission
• Notifying the probation officer of any change of address or employment
• Making restitution to any victims of the original crime
• Undergoing random alcohol or drug testing
• Receiving a mental health evaluation or regular psychological counseling for a period of time
• Completing a substance abuse, anger management, or domestic violence treatment program
• Paying a monthly probation supervision fee and court costs
• Home visits or interviews with family members

Special Conditions of Probation

The court can impose special conditions of supervision, based on the specific situation. For example, special conditions for sex offenses can include:

• Sex offender registration and annual re-registration
• Staying away from schools or playgrounds
• No employment that involves working with children
• GPS monitoring
• No-contact orders with minors

The sentencing court will set the specified terms of probation and supervised release to fit the specific criminal charges.

Probation Fees, Fines, and Restitution

As part of the conditions of probation, the court may require you to pay restitution, fines, and monthly supervision fees.

Restitution goes to the victims of the crime. Fines are standard for many criminal convictions, and defendants have to pay court fines and fees as a condition of probation. Probationers in most states also have to help pay for the costs of probation supervision.

The majority of states charge a probation fee either as a one-time flat rate or monthly fee. This fee may not seem like much but it is an additional burden for people struggling financially. Some states no longer charge probation supervision fees, which disproportionately impact lower-income families.

In addition to a standard probation supervision fee, some people also have to pay additional fees for:

• Heightened supervision
• Electronic surveillance
• Drug and alcohol testing
• Probation application fees

Many states allow probationers to have the fees reduced or waived by showing substantial financial hardship. Talk to your criminal law attorney or probation officer about how to reduce your probation supervision costs.

Probation Supervision Fees by State

The following chart shows the probation supervision fees by state. In some states, supervision fees vary by county. States may also have minimum and maximum fees, as well as different fees for misdemeanors and felonies.

What Happens If I Don’t Follow the Conditions of Probation?

Your probation officer is ultimately responsible for making sure you follow the terms of your probation. The consequences for violating probation depend on several factors, including what you did and your probation period history.

For a minor violation, like staying out past curfew or failing to show up in person for a meeting, your probation officer may ask what happened. If you had a reasonable excuse, like you missed the bus or there was a medical emergency, they may just give you a warning. However, multiple minor violations or a significant violation will likely result in getting taken back to court.

If you fail to meet one or more conditions, your probation officer can request a warrant for your arrest. This doesn’t necessarily mean you will go to jail. However, you will go before a judge to explain why you did not comply with your probation requirements.

The judge may impose additional conditions (including extending your period of supervision). But the judge also has the option of revoking probation and imposing the jail sentence for your original crime.

In some cases, you may be able to “work off” a probation violation by completing a number of community service hours. This is common in situations where a person on probation is unable to pay the monthly fees. The judge may agree to convert the unpaid monthly probation fees into service hours.

How a Lawyer Can Help with Probation Issues

If you have a criminal record and are currently on probation, it is critical that you comply with all conditions. Many probation violations will not lead to jail time. The court ultimately retains discretion to adjust your probation conditions depending on the nature of the alleged violation and your response.

Remember, your probation officer may be there to help you comply with your requirements. However, the probation officer is not a substitute for independent, experienced legal counsel. At the end of the day, the probation officer works for the state — not you.

Experienced criminal defense attorneys can explain your legal rights And responsibilities under the law. If your probation officer accuses you of violation of probation, you should contact a qualified criminal defense lawyer right away.