Tuesday Tip: Probation and How to Shorten It

Probation is the suspension of a jail or prison sentence, on the condition the defendant agree to behave himself, engage in specific rehabilitation programs and allow himself to be supervised for a specific amount of time. Upon being sentenced, there may be some local jail time to be served, or the judge may suspend all of the jail or prison time, on the condition the defendant serve probation.

Probation is an opportunity for the defendant to demonstrate he does not have to spend a long time in jail or prison in order to stay out of trouble in the future.

Staying out of trouble in the future, of course, is not the only goal of sentencing. The primary goals of sentencing are: the protection of society, retribution, deterrence and rehabilitation. A sentence that is longer than necessary to accomplish any of these goals is an unreasonable sentence. Most misdemeanor offenses do not have minimum sentences; in those cases, the judge may impose a sentence for a particular number of days and suspend it all, on the condition the defendant successfully complete a period of probation.

In a felony case, there will be a set sentence for a period of years in prison.  However, many felony cases do not require a minimum sentence, and in those cases, if there are no aggravating circumstances, the judge will usually impose some local jail time or a "rider" (3-10 months in a pre-prison "boot camp") and then a period of probation.

If you find yourself on probation, there are ways to make your time less onerous.  Realize that your probation officer has far more people to supervise than he would like.  You need to demonstrate to your probation officer that you are the probationer who will not miss appointments.  You are the one who will not be late for an appointment.  You are the one who will not miss or fail a drug test.  You are the one who doesn't hide drugs at his home or keep beer in his fridge.  You are the one who never misses a class, if taking a class is assigned to you as a condition of probation.  You are the one who pays his fines and restitution on time or in advance.  You are the one who does not change his address without first notifying the probation office.  

If you demonstrate to your probation officer that you don't want to cause trouble or make his work harder, he will eventually put you on "informal" probation or let you off early.  

In Idaho, if you complete all your conditions of probation early and have your fines and restitution paid, you can be released after serving 1/2 of your probation time.  

Good behavior while doing probation is rewarded.


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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen work with cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.

 Sources for more information:

http://www.duhaime.org/LegalDictionary/P/Probation.aspx

http://www.idoc.idaho.gov/content/probation_and_parole/probation_and_parole_services

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