When a person is charged with committing a crime that is less serious, they will often be charged with a misdemeanor. If the person in question is convicted of a misdemeanor, they may be subject to a period of incarceration, in many cases for as long is a year. With many courts a more popular option is to sentence a defendant with misdemeanor probation. Probation is a prior of time in which the court has supervision and jurisdiction of over the defendant instead of incarceration.
The length of the misdemeanor probation for a defendant is always determined by either the judge or by an agreement made between the defendant and the prosecutor. If the defendant was convicted during their trial, then it is the ruling judge who will determine the defendant’s sentence. If a plea agreement was signed by the defendant, then in the plea agreement their will specifications if the terms and length of the misdemeanor probation, It is very common for a term of misdemeanor probation to run between six months and up to a year.
Depending on the jurisdiction, the terms of misdemeanor probation may vary as well as depending on the crime that the defendant has been convicted of and their criminal history. One of the terms in all cases is that defendant cannot get arrested again for any other crime, regardless of how small, during their term of misdemeanor probation.
Other common requirements or terms associated with misdemeanor probation include a specific amount of hours of community service that must be completed, completion of a number of classes such as substance abuse education or anger management, depending on the individual situation, The defendant must also pay all costs, fines and restitution, they must also report to the probation department, this must be done on a monthly basis.
There are serious consequences associated with violation of misdemeanor probation. If a defendant were to violate any of the probation terms, a warrant may be issued for the defendant’s immediate arrest. If the judge agrees that the defendant has violated their misdemeanor probation, the judge may then extend the length of the misdemeanor probation, add on other terms to the defendant’s misdemeanor probation, or even revoke their misdemeanor and instead sentence the defendant to time in jail or prison. On the other hand, successful completion by the defendant of their misdemeanor probation, may lead to the great option of expunging their record at a later date.
For those who are still unsure, the best path to take is to hire the attorney and let them go through the public database. You may want to check out this website Parks & Braxton, PA