Description of punishment «Delayed judicial sentence»
In the USA, there isa practice of “delayed judicial sentence”. It is possible to avoid the criminal recordto the personal file if the defendant successfully completed the probationary period. This type of punishment can be applied to young offenders or the custodians of controlled substances. If this kind of punishment can be applied in your case, an experienced attorney must warn you about this.
A short list of punishments for committing a criminal offense
At the end of the trial the defendant may receive one or more sentences, which can be combined. In this article we will list the possible penalties: fines and payment of compensation for damages, participation in community service, probation, house arrest and imprisonment of course. During house arrest, the defendant may be appointed to wear a special electronic device, which is limited the movement of the defendant.
What happens during the probation?
If you are sentenced to probation, then you should be prepared to meet with your probation officeronce a month or more often. But there are cases when the defendant is freed from the need to mark the inspector. For the time of the probation (depending on the type of crime), the court may appoint a defendant to attend the courses of Alcoholics Anonymous, Narcaholics Anonymous or regular delivery of the analysis for the presence of drugs and alcoholic substances in the blood.
The defendant must report about his movements and changing jobs to hisprobation officer. It is also important to know that the defendant may be limited to leave the country.
If for a defined time the defendant has faithfully fulfilled the conditions of probation, the probation officer may free him from personal meetings and to allow the transmission of information via e-mail.
At the end of the probationary period, the court may reconsider a criminal case of the defendant and dismiss all charges (if all goes according to the terms of probation) or revise the punishment (if they were regular violations of conditions of release)
How is the duration of the probation defined?
Probation may be appointed for a period fromsome months to three years, but it can be longer. It depends on the crime committed and the law in force in the state. In some states there is may be appointed indefinite probation. In this case, the decision to terminate the probationary period is taken by the court on the basis of data on the behavior of the defendant's probation officer during such a punishment. As we said above, for violating the terms of probation, the sentence may be reviewed.
Operating principles of electronic monitoring
As we have said in previous articles, while the house arrest the defendant may wear a special electronic device - tether. In this article, we will describe principle of its operation. Tether is worn on the wrist or leg. Inside the tether installed a portable device that sends information the location of the defendant to the base unit. The base unit keeps the information when the signal is interrupted (this meant the carrier is outside the home). As any movement out of permitted area must be agreed with the probation officer, he can report about uncoordinated case to the police. The result is the defendant may be arrested.
What is threatened for the violation of probation?
In previous articles we have little regard to the topic of violations of probation, and in this article we present more concrete examples. As we have said, the behavior of the defendant's is controlled byprobation officer and from him depends a lot. Typically, for violation of probation you will receive an additional penalty or cancellation of probation and imprisonment instead of. Serious violations of probation include failure to appear for a meeting with the probation officer or, for example, storage of drugs. Seriousness of breaches aredefined by underlying offense. So, if you are convicted of involvement in gangs you are not eligible for further communication with these criminals. This will result to severe penalties. But driving a car without a driver's license can cause an increase of probation.
What will happen if I am found guilty of violating probation?
All information about violation of probation is transmitted to court, where your further fate is solved. There are following variants of development: the probationary period may be extended; the remainder of the probationary period may be replaced by imprisonment; or the court will issue a new sentence - imprisonment equal to the time of probation.
What punishment can be between probation and imprisonment?
When the judge considers that the probation is too light punishment and imprisonment is too serious for some types of crime, then heapplies another sentence - "boot camp". This is conclusionup to 90 days to a special camp with military facilities, which includes intensive training, and observed a strict regime of the day. It is important to know that for non-compliance of regimeor for behavior that will lead to expulsion from the camp; you will have a prison sentence. This program is administered mainly for young offenders, because it is physically hard.