Sentencing option in the federal courts. With probation, instead of sending an individual to prison, the court releases the person to the community and orders him or her to complete a period of supervision monitored by a U.S. probation officer and to abide by certain conditions.
The act of suspending the sentence of a person convicted of a criminal offense and granting that person provisional freedom on the promise of good behavior.
Duhaime Legal Dictionary
A punishment given out as part of a sentence which means that instead of jailing a person convicted of a crime, a judge will order that the person reports to a probation officer regularly and according to a set schedule.
1 a: subjection to a period of evaluation and possible termination at the commencement of employment in a position for which one's fitness is to be determined. b: subjection to a period of review in the course of employment or education as a result of a violation of standards and with the possibility of dismissal if standards are not met
2 a: the suspension of all or part of a sentence and its replacement by freedom subject to specific conditions and the supervision of a probation officer. b: probation as a sentence in itself. c: the period or state of being subject to probation
n. a chance to remain free (or serve only a short time) given by a judge to a person convicted of a crime instead of being sent to jail or prison, provided the person can be good. Probation is only given under specific court-ordered terms, such as performing public service work, staying away from liquor, paying a fine, maintaining good behavior, getting mental therapy and reporting regularly to a probation officer. Violation of probation terms will usually result in the person being sent to jail for the normal term. Repeat criminals are normally not eligible for probation. Probation is not the same as "parole," which is freedom under certain restrictions given to convicts at the end of their imprisonment.
Lect Law Library
PROBATION - The release into the community of a defendant who has been found guilty of a crime, typically under certain conditions, such as paying a fine, doing community service or attending a drug treatment program. Violation of the conditions can result in incarceration. In the employment context, probation refers to the trial period some new employees go through.
1. The replacement of a criminal sentence with a period of limited freedom, subject to certain conditions, and overseen by a probation officer. 2. A period of time of employment, whose continuation is dependent on the meeting of certain criteria, and/or a satisfactory review.
The Free (Legal) Dictionary
A sentence whereby a convict is released from confinement but is still under court supervision; a testing or a trial period. Probation can be given in lieu of a prison term or can suspend a prison sentence if the convict has consistently demonstrated good behavior.
The status of a convicted person who is given some freedom on the condition that for a specified period he or she act in a manner approved by a special officer to whom the person must report.
An initial period of employment during which a new, transferred, or promoted employee must show the ability to perform the required duties.
Probation is the period during which a person, "the probationer," is subject to critical examination and evaluation. The word probation is derived from probatum, Latin for "the act of proving." Probation is a trial period that must be completed before a person receives greater benefits or freedom.
In the criminal justice system probation is a particular type of sentence for criminal defendants. The judicial authority to order a sentence of probation is granted in statutes on the federal and state levels. Generally, probation allows a convicted defendant to go free with a suspended sentence for a specified duration during good behavior. Probationers are placed under the supervision of a probation officer and must fulfill certain conditions. If the probationer violates a condition of probation, the court may place additional restrictions on the probationer or order the probationer to serve a term of imprisonment.
Probation is a sentence which may be imposed by a court in lieu of incarceration. A criminal who is "on probation" has been convicted of a crime but has served only part of the sentence in jail, or has not served time at all. In most jurisdictions, probation is a sentencing option for misdemeanors and many felonies (these are commonly called "probationable" offenses), but not for higher-order felonies, such as capital crimes, forcible rape, and many others.
An offender on probation is ordered to follow certain conditions set forth by the court, under the supervision of a probation officer. He or she is ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, abide to a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer may be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse), or with known criminals, particularly co-defendants. The offender on probation may be fitted with an electronic tag, which signals her or his whereabouts to officials, and it is very common for offenders to be ordered to submit to alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform Community Service work.