PROBATION V. JAILTIME? 

   Photo by: Idaho Probation and Parole

   What is probation? Probation is a sentence that can be completed in the community rather in jail or prison. Probation comes is two basic forms. The two forms are supervised and unsupervised probation. Supervised probation is what most people think of as "probation." Supervised probation often includes terms such as doing U/A tests, having a probation officer, maintaining employment, not possessing a firearm. If you violate probation the court could impose jail time, which is left at the discretion of your probation officer. You also need to pay the cost of supervision. Unsupervised probation is fairly explanatory. It probation but without supervision, this means that you don't have a probation officer, but the court may impose conditions such as not committing any new crimes or completing treatment.    

    How does a judge decide between supervised probation and unsupervised probation? Judges base their sentences on a number of factors, including protection of society. Most of the time judges see probation as a extra support system for the offender. They believe that probation can help people get the resources they need to help them not come into contact with the system. The offender often sees it as further punishment. Either way, having a bad relationship with your probation officer can bring you back into the system. So its only reserved for offenders that pose a risk to the community, and those who need the supervision. But if you want to not have supervised probation its often best to show the judge up front that you are serious. That involves getting treatment done up front and having a positive attitude in the courtroom and outside the courtroom. Letters of recommendation never hurt as well. 

    Who decides who to give jailtime or probation? Your judge will decide whether or not to place you on probation or give you jail time. While your attorney and the State's attorney can recommend a sentence to the judge, the judge has the final say. That's why its important to make a good impression.

                                            Photo by Texas Tribute

    What does a judge consider when deciding on jailtime v. probation? Judges consider different things, but its often said they care more about what a person does than what they say? Judges often consider whether or not someone has a strong support network, employment, a prior criminal history, the possibility for rehabilitation, and the overall nature of the crime itself. In Idaho, the paramount consideration is "protection of society" so your judge needs to feel safe with you back in the community. An anger management or drug course, community service, letters of character, and clean pretrial U/As can all work for you at sentencing because they judge knows your serious. 

    What about jailtime? Idaho jailtime can be penitentiary time, or local jail time. If the judge sentences you on a misdemeanor, you will be getting local jail time. Local jail time involves staying at the county jail until your sentence is satisfied. Normally, this is reserved for those with violent offenses, probation violations, or people with serious addiction issues who need a compelled period of sobriety. Jailtime can have serious relationship, education, and employment consequences.

    

  

                                            Photo by Houston Assault Attorney

If you are considering an attorney to help you with your case involving jailtime or probation, consider hiring an experienced local attorney. We would be happy to meet with you and discuss your criminal case.    

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