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Frequently Asked Questions About Probation

Connecticut Criminal Defense Attorneys

Being accused of a criminal offense can lead to serious consequences. Many individuals are given a probation sentence instead of jail time. Those placed on probation must meet certain conditions for a period of time and if everything works out, the case goes away, with no jail time. During our 64 years of combined experience, our Connecticut DUI attorneys have guided countless individuals through probation. Below are some common questions we answer for our clients regarding probation.

Become Informed About Probation Below.

What is the difference between parole and probation?

Parole is what is given to already incarcerated individuals who are released early under supervision. If someone violates the terms of their parole, they can be incarcerated again, usually without a hearing. Those on probation do go through the court process if they violate the terms of their probation order. Probation only applies after conviction if a person plead guilty or was convicted at trial.

How does the judge decide to offer probation?

Some factors judges consider when deciding to offer probation include lack of previous criminal record, the non-violent nature of the offense, the person’s medical condition, professional status, and family situation. They will generally compare what the person will lose by being incarcerated against the need to protect society at large.

What are some typical conditions of probation?

Some conditions of probation can include alcohol and drug testing, along with counseling or treatment. If there is a mental health concern, community service may be ordered. In a case involving any loss of money to an individual, restitution of that money can also be a part of the probation. Probation may also include a prohibition on the probationer having contact with whoever was victimized by the offense.

Any special conditions of probation will be ordered by a judge and are tailored to each specific case, and would go along with standard conditions like not being arrested while on probation, or not being allowed to leave the state without getting permission from the probation officer, keeping the probation officer informed of their whereabouts, and allowing the probation officer to meet with them or search their person or residence with reasonable cause to do so. In felony cases, the probationer may be monitored through GPS.

Are there different levels of probation?

Yes, there are different levels of probation. Misdemeanor probation is shorter than the probationary period for a felony offense and has less requirements. The Department of Probation determines the kind of probation a person will get by considering the seriousness of the offense, the person’s previous record, and whether there was a victim.

Does probation automatically include community service?

Community service isn’t automatically included in a probation order. It is left to the discretion of the judge. In DUI cases, community service will be ordered if the offender did not serve jail time. First time DUI offenders serve a minimum of two days in jail or if suspended by a judge, serve 100 hours of community service.

Can I travel out of state?

A probationer can travel with a travel permit from his or her probation office. The probation officer must know the person’s itinerary, dates of travel, and location. This is so that the probation officer can get a hold of the probationer.

I violated the terms of my probation. Can a Connecticut criminal defense lawyer help?

If you have violated the terms of your probation, it is absolutely essential that you retain legal representation. Violation the terms of your probation is considered a new criminal offense and you may be sentenced to jail. We can attend your probation hearing in an effort to secure the most favorable outcome possible. We may be able to reinstate your probation instead of having to serve a jail sentence.

Can probation be cut short for good behavior?

Yes. A motion to terminate or modify probation can be filed if the probationer has done very well. A probation officer may also file a motion for early termination, which is why a person’s rapport with his or her probation officer is so important.

Can probation avoid having a conviction on my record?

No. A probation order is a sentence that results from a conviction or guilty plea. In the state of Connecticut, there are many pretrial diversionary programs that exist that can help individuals avoid having a criminal conviction appear on their records. Individuals sentenced to probation have already gone through diversionary programs, which makes them ineligible for a certain status that would allow dismissal of the charges and a removal of the conviction

Contact Tomeo Sills, LLC to Learn More

Our dedicated legal team would be happy to further explain probation and what you can expect from the criminal process. With our help, you can avoid violating your probation terms so that you can move past this difficult experience. Let us help you get your life back on track.

To learn more information about probation, please contact us today.