Why Probation Can Be a Good Route for Offenders With Misdemeanors

Although misdemeanors carry lighter penalties than felonies, they still carry consequences. If you've been charged with a misdemeanor, you may be wondering what your options are. You should contact a criminal defense attorney to help you with your case. While some people may be able to build a defense, others may prefer probation. Take a look at what probation is and how it might be a good route for your case.

WHAT IS PROBATION?

While convicted criminals may go through a probationary period after a prison sentence, people who've committed lesser crimes (misdemeanors) may be able to immediately go on probation to avoid jail time.

Some people on probation may need to stay in a certain area and are supervised with a GPS monitor. Others may not need such restrictions and may just need to meet with a probation officer to make sure they are following the terms of the probation, like providing proof of drug testing.

Every state is different, but during a probationary period you may need to do things like

• Pay restitution to any victims
• Avoid certain places or people (ceasing contact with drug dealers, obeying restraining orders, etc.)
• Obey all laws to the letter, even minor ones like jaywalking
• Appear at scheduled court appearances
• Complete community service

Because misdemeanors include a wide range of crimes like domestic violence, petty theft, reckless driving, trespassing, and vandalism, the severity of your probation terms will be up to your state's laws and the judge's decision on.

If you meet your given terms, the court will discharge you from your probation. If you don't meet your terms, then the courts can revoke the terms and move to severer penalties.

WHAT ARE SOME BENEFITS OF ENTERING INTO PROBATION?

While some offenders balk at probation, there are a few benefits to consider.

You can avoid jail time and penalties

While probation may require you to pay some restitution, a conviction may require you to pay hundreds to thousands of dollars in fines.

Some people think that only people who commit felonies go to prison. However, misdemeanors fall into a range of categories and if you commit one of the more egregious ones, then you could spend up to nine months incarcerated. Even if you commit a lesser infraction, you could spend about a month in prison.

Lengthy prison time could cost you your job. With probation, you may be able to keep your source of income and continue many of your daily activities.

You Can Get the Help You Need

Probation tends to be rehabilitative instead of punitive. If you have a drug problem, then you may be required to attend court-ordered rehab as a part of your probation. If you have an anger management problem or psychological issues that contributed to your conduct during the misdemeanor, then you may be required to visit a therapist or therapy group.

These types of services can help you get clean of any dependency you might have. They provide support so that you can make positive changes to prevent recidivism.

You May Have Some Flexibility with the Terms

If you follow all the terms of your probation, such as meeting with your probation officer and attending rehab, the judge may release you from certain conditions during the probation period — like you may be allowed to travel further in your area.

The judge could also shorten the entire probationary period for good behavior. Again, your state's laws and the severity of the crime will determine the length of the initial probation. But, if you maintain good behavior, you and your lawyer can work to shorten this period so you can move on with your life.

If you want to work on getting your misdemeanor expunged from your record, then a shortened period of probation could allow this process to take place earlier so that you aren't penalized if you need to apply for school or get a background check for a job interview.

SHOULD YOU CHOOSE PROBATION EVEN IF YOU'RE INNOCENT?

While there are benefits to probation, you shouldn't feel pressured to go this route if you're innocent. If you aren't guilty of the alleged misdemeanor, you and your lawyer can work on a defense. For instance, someone could have coerced you, or you could have been acting in self-defense.

However, if you are guilty of the misdemeanor and you don't have a good defense, you may want to consider a special type of probation called deferred prosecution. During a deferred prosecution, you will plead guilty and enter a probationary period. But the good news is that your case will be dismissed so that you won't have a criminal record. This can be incredibly beneficial if you need to apply for school or a job right away and don't want to wait months or years for another opportunity.

Your deferred prosecution terms shouldn't be taken lightly though. There's a caveat if you don't meet the terms during this type of probation: you won't get to go to court if you mess up (because you already plead guilty), and you'll receive a sentence and a criminal record.

Again, you should consult with your lawyer to see what options are at your disposal to navigate your misdemeanor case. Reach out to us at Cohen Law Offices for more help.