Probation

Probation occurs when the court imposes a prison term, but does not require the defendant to serve actual prison time. The individual must behave and comport to the terms and conditions of the probation or they will serve time. The prison term floats over the defendant's head for the entire term, for example in CA for a first time D.U.I. offense there is probation for 3 years. This means the individual must obey the rules for those three years (you should always obey the rules) and if you do not then the prior sentence gets imposed - you go to jail.

Depending on the terms and conditions you may need a probation officer or you may have to show up to court on your own. Most people prefer not having a probation officer as it allows more freedom and you are acting on your own honor to abide by the rules. However, certain crimes will require you to have a probation officer whether you like it or not.

While on probation your constitutional rights are limited. For example you will have to submit to a breathalizer or blood test if asked by the police. You generally have to give fingerprints or other biometric information to the police. You cannot break any laws except for maybe traffic violations (speeding, doing a U-turn when not allowed, etc.).

Probation is a realistic option for the justice system that is overflowing with inmates. Allowing individuals to remain outside of custody decreases the burden on the courts, on the prisons and on the state. If the courts were to require everyone to go to prison or jail then our already overburdened system would cease to function due to over-population. When you are charged with a crime, I highly recommend that you attempt to get probation and then ABIDE by the rules set forth by the probation even if they seem trivial or stupid. You do NOT want to go to jail or prison because you could not get home before curfew or you just had to have a drink!