Some states allow for unsupervised probation. Who is eligible?

The conditions of probation, including the supervision level in the community, are based generally on standards and guidelines connected to the nature and severity of the offense. Supervised probation is the most common form. Offenders have to report to a probation officer and follow certain rules. You may even have to undergo regular drug tests or complete a certain number of hours of community service. Unsupervised probation may still require you to show up to certain things, but you won’t have to report in regularly.

A criminal defense lawyer can make the case for their clients. It can be part of your plea bargain under the right circumstances. It will require you to be honest with your attorney. They can only prepare your best defense when they know all the facts.

Who is allowed unsupervised probation?

A few states allow unsupervised probation. Typically, it applies to misdemeanor infractions and offenders whose class of offense, prior record or conviction level authorize community punishment as a sentence. It typically does not involve jail time, though this is not out of the question. It depends partly on the judge and case.

The courts may sentence such offenders to a maximum of a certain number of years of unsupervised probation. Any reduction, termination, continuation, or revocation rests with the sentencing judge, not a probation officer. Of course, if you are caught violating the terms of your probation, your punishment could be changed.  Supervised probation is just one of the things that could happen to you.

If you’re charged with a felony or violent crime, this is unlikely.

What Does Unsupervised Probation Look Like for an Offender?

Have you ever been to traffic court? After you complete the class, the state might give you a probationary period of 6-12 months during which you can’t get any other traffic tickets. This is generally how it works. Your defense attorney can explain the particulars. But a probation officer will check your record to make sure you haven’t committed any other offenses after a set period. If you complete this process, you’re cleared to move on without further punishment.

Whether you’re facing a misdemeanor or felony charge, always let a lawyer weigh in. Even if it seems straightforward, you could end up with a harsher punishment or permanent record doing it on your own.

While it may seem counterintuitive, it’s not the court’s responsibility to explain to you how to avoid future problems. For more help, find a lawyer in your area today.

Case Studies: Unsupervised Probation

Case Study 1: Misdemeanor Infraction

Linda, a 22-year-old woman, was charged with a misdemeanor offense related to shoplifting. As a first-time offender, Linda’s attorney negotiated for unsupervised probation as part of her plea bargain. The judge agreed to the terms, and Linda was sentenced to a specified period of unsupervised probation.

During this period, Linda was required to avoid committing any further offenses and complete a shoplifting prevention course. After successfully completing the probationary period, Linda’s offense was removed from her record.

Case Study 2: Prior Record Authorization

Mark, a 30-year-old man, had a prior record of non-violent offenses and was charged with another misdemeanor offense. Due to his prior record and the non-violent nature of the offense, Mark’s defense attorney argued for unsupervised probation. The judge granted the request and sentenced Mark to a defined period of unsupervised probation.

During this time, Mark was required to maintain a clean record and attend counseling sessions. By successfully completing the probation, Mark avoided serving time in jail and maintained the possibility of expunging the offense from his record.

Case Study 3: Felony Charge

Sam, a 40-year-old man, was charged with a non-violent felony offense related to property damage. Despite the severity of the charge, Sam’s defense attorney sought unsupervised probation, citing his clean prior record and the non-violent nature of the offense. However, the judge deemed the offense too serious for unsupervised probation and instead sentenced Sam to supervised probation.

During this period, Sam had to report regularly to a probation officer and adhere to strict guidelines. While unsupervised probation was not granted in this case, Sam’s attorney was able to negotiate a less severe punishment than a lengthy jail sentence.