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A defendant on probation will ordinarily meet with his probation officer monthly, and at times more frequently. Sometimes, a defendant will be placed on "non-reporting" probation, where he does not meet with a probation officer.
Typically, at the end of his probation, such a defendant will be asked to demonstrate that he complied with the terms of probation (such as by submitting attendance records from court-ordered Alcoholics Anonymous meetings), and his record will be checked for any further criminal activity. Sometimes, a defendant will be allowed to report by mail. This usually happens in cases where a defendant has been on probation without any problems for a long time, but his probation officer still wants periodic information on his activities.
A defendant who has been convicted of a drug conviction may have to report to the probation office frequently for drug testing. A court may also order drug or alcohol counseling, or attendance of Alcoholics Anonymous or Narcaholics Anonymous meetings. During probation, a probationer must typically seek permission from his probation officer before moving or changing jobs. He may be restricted from leaving the state without his probation officer's permission.
Probation usually lasts between one and three years, but can last longer depending upon the offense committed and state policies.
Some states have "life probation" for certain drug offenses, where a person is placed on probation indefinitely.
After a probationer has paid off his fines and other court assessments, and has completed other requirements of his probation (such as community service),
a probation officer will sometimes consider an early discharge from probation. However, most probationers complete their entire terms of probation.
Many, upon violating the terms of their probation, are in fact ordered to report to probation more frequently.
If violations are of a serious or repeated nature, a probationer can be charged with violating his probation, and be ordered to appear before a judge for a hearing.
If a person is convicted of a probation violation, sometimes the court will extend his probation, or impose additional terms.
Often, the court will sentence the probationer to a period of time in jail, followed by the continuation of his probation.
Sometimes, the probationer will be resentenced to jail or prison, or will be ordered to complete a term that was previously "suspended."
In probation violation cases, you do not have a right to a jury trial and the prosecution need only prove the violation by a preponderance
of the evidence (as opposed to the higher "beyond a reasonable doubt" standard normally used in criminal trials).
Attorney Kate L. Raynor can meet with you and discuss what these differences mean for your case.
She meets with each client personally to discuss the client's situation in depth and to identify the best course of action.
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