One of the most daunting things about a criminal trial is the legal consequences and penalties associated with a conviction. Depending on the type and severity of the crime you have been accused of, you could be required to pay significant fines or be sentenced to a lengthy term of imprisonment. If you are facing criminal charges it is critical that you understand all of your legal options including how probation can work in your case. Reach out to an experienced York County, PA criminal defense attorney for more information and legal advice.
What is Probation?
Probation is a form of conditional freedom granted to certain individuals convicted of crimes. It is an alternative sentencing to jail or prison and is generally awarded to first-time offenders of nonviolent crimes.
During probation, defendants are permitted to serve their sentence while remaining in the community, given that they abide by certain rules and terms. If they violate the conditions of their probation, however, they could face additional consequences or wind up in jail.
When Can I Get Probation Instead of Jail Time?
Under Pennsylvania state law, a judge in a criminal case is permitted to issue a term of probation instead of imprisonment depending on the circumstances of the situation. If the defendant meets certain criteria, it is a possibility.
You may be able to receive a term of probation depending on the following.
- Your criminal history
- Whether you are considered at risk of reoffending
- Whether you are considered a danger to the community
- The nature and severity of the offense
- Whether you show remorse
- Whether anyone was physically or mentally injured by the crime
- If a weapon was used
How Does Probation Work in PA?
If you are issued a term of probation instead of imprisonment, you will be assigned a probation officer. This officer will be responsible for supervising you throughout your term of probation. Probation in Pennsylvania generally lasts from 1 to 5 years depending on the circumstances. During this time, you will be required to comply with a set of standards and terms.
While the actual details will vary depending on the type of crime and details of your case, some common terms of probation include the following.
- Regular check-ins with a probation officer
- Maintaining employment
- Maintaining housing
- Remaining within a certain geographical area
- Abstaining from drugs or alcohol
- Submitting to random drug or alcohol testing
- Permitting random home visits
- Obeying all laws
Pennsylvania also offers PWOV (Probation Without Verdict), a program that allows a defendant facing charges for a nonviolent crime to serve probation without receiving a guilty verdict. This allows individuals to avoid a criminal record while still serving time and being penalized for their actions. PWOV can only be applied to first-time offenders of nonviolent crimes.
For more information on your rights and legal options when facing criminal charges in PA, reach out to a skilled attorney at Ilkhanoff & Silverstein today.
