Can a sentence ever be delayed? There are occasions when a person can receive such a thing as a delayed sentence. This refers to a situation where someone satisfies the terms of their probation contract and an actual conviction is never placed upon their record. This scenario usually only applies when the person is a juvenile or is charged with their first possession of a controlled substance. Consult a lawyer if you have any questions regarding delayed sentencing for your own disposition.
What Can the punishment be for a Criminal Conviction?
A person may have too:
Submit funds to the court for fees and fines to be set out into the community
Enroll in a community service program or work group
Be subject to probation
Be monitored under house arrest or wear an electronic device that denotes their whereabouts at all times
Sent to a county jail or state penitentiary
In addition, the court system may combine some of these options for a person’s restitution.
How Does Probation Work?
When someone is enrolled in a probationary program, they will normally have to visit their parole officer at least one time every 30 days and in many instances more frequently. There are exceptions to this where a person can be eligible for non-reporting probation, but this situation is rare.
Once he or she completes the probationary term, that person will be expected to prove what exactly they have accomplished during this time, such as providing records of all activities and submit to background check in order to illustrate they have not committed another crime.
Someone who has been convicted on a drug related offense, normally must be tested for further substance abuse at regular intervals. A condition of their probation might possibly encompass participating in various substance abuse programs or meetings. Also, a person on probation is normally not allowed to step foot out of the confines of the state of residence and often must gain approval from his or her probation officer to switch residences or places of employment.
What is the Time Frame for Probation?
In most cases, a probationary period endures for 12 to 36 months, but it can exist for many more months, which is reliant upon the jurisdiction and conviction. Be aware some states incorporate stringent probation periods when a party is involved in specific crimes and nearly all jurisdictions require parties to satisfy their entire probationary period before they are reviewed for dismissal.
In addition, if a person breaks their probation contract for any reason, they may be returned to the parole board for a hearing to determine if they should remain on probation or be returned to jail or prison.
Is Monitoring Someone’s Behavior Complex?
In all honesty, technology has so vastly improved over the last several decades, keeping an eye on someone’s movements is relatively simple. This is generally conducted through:
A tether, which emits electronic signals either through a person’s telephone or it is physically affixed to portion of the person’s limb.
Any other electronic device that keeps the appropriate administrative official aware of the person’s behavior at all times. When under this form of observation, a person must have all their activities strictly accounted for nearly every minute of a 24-hour period or risk returning to jail or prison.
How Can I Not Adhere to the Terms of My Probation?
There are many situations where a person could not satisfy the terms of their probation and be set before an administrative tribunal to deduce whether they should return to jail or the state penitentiary. These include:
Not meeting with your probation officer at scheduled times
Not submitting to drug tests or coming up “dirty”
Not attending required substance abuse treatment programs
Possessing drugs or firearms
Being arrested again
Keeping company with people that have criminal backgrounds or engage in suspected criminal activity
Do I Have Any Standing at a Probationary Violation Board Meeting?
Certainly, but be aware all the opposing side needs to do to prove you broke your contract is insert the element that is more than likely you have. They do have to present specific proof of any incident before the board.
What Can I Expect if I Am Found To Have Broken My Probation Terms?
Here are the options:
Lengthened term of parole or more stringent requirements.
Return to jail or prison.
If a sentence was previously released for various terms, the person would be required to serve that period they were formerly relieved of.
When Does a Person Have to Be in County Jail?
This punitive action is usually decided upon how significant the court feels the crime is and what their prior record entails. As always, different jurisdictions have varying requirements, but across the board most jail terms endure no longer than 12 months, before the person will enter their probationary period.
Is There Ever a Time The Courts Decides Jail Is Not A Suitably Severe Punishment?
There is an alternative in many jurisdictions where a person may be forced to enroll in a system that is much like initial military training. These types of organizations are highly rigorous and if a person fails to satisfy a 90-day sentence for whatever reason, they are sent to a state penitentiary. Primarily they are incorporated for juvenile offenders.