It is no secret that the prison system in America is overcrowded, and there are many cases where an experienced Alabama criminal attorney can successfully work with Alabamans that have been charged with crimes to avoid conviction. However, in other cases it may be more beneficial for the accused to plead guilty or no-contest to the crime or crimes they have been charged with depending on the circumstances of the case. There are also situations where an overwhelming amount of evidence against a defendant can lead to their conviction. In situations where a Birmingham criminal lawyer works with a client to prepare a guilty or no-contest plea, or in instances where a defendant has been convicted, it is possible for an Alabama criminal defense attorney to negotiate probation for the defendant in lieu of a jail or prison sentence. For many clients, probation can be much more beneficial than traditional sentencing.
General Conditions of Probation
The Code of Alabama Title 15 §22-50 permits circuit and district courts to sentence defendants falling into the categories described above to probation in both misdemeanor and felony cases where the punishment for such crimes does not include death or potential imprisonment for more than 15 years. While the specific conditions of Alabama probation are matters left to the court’s discretion, probation for a misdemeanor cannot exceed two years and the maximum term for felony probation is five years. The original probationary sentence can be extended or reduced so long as it remains within these guidelines. When a terms of probation have been successfully fulfilled, probation will automatically terminate unless a court takes other action.
If a judge has determined probation to be an appropriate sentence, the court will refer the case to a probation officer who will conduct an investigation related to the case. The probation officer will make a recommendation to the court based on this investigation and, upon granting probation, the probation officer will provide the defendant with instructions related to the terms of the probation as well as potential consequences for violating those terms. If a person has violated the terms of their probation, the probation officer may request that law enforcement officials arrest the defendant. Police officers and others with power of arrest may arrest the defendant without the need for a warrant and it is possible that additional penalties may be applied including but not limited to jail time or revocation of probation. In the case of revocation of probation, the state requires that a revocation hearing be conducted where a judge will detail the types of violations alleged and a probationer has the opportunity to defend against the probation violation charges that have led to the revocation hearing.
It is important to note that probation is never mandatory and Alabama law allows judges to consider sentencing Alabama criminal defendants to probation if they believe probation will serve in the best interests of justice. However, probation is never a required sentence and it is not a guaranteed punishment for any particular Alabama criminal conviction.
Help with Criminal Charges
If you are facing Alabama criminal charges, it is important to enlist the services of a skilled Alabama criminal defense attorney. Often, choosing a skilled Alabama criminal lawyer can make a huge difference in whether or not a defendant is convicted of the crimes they are charged with. In cases where guilty or no-contest pleas are entered or a defendant is convicted of the crime or crimes they have been charged with, a dedicated Alabama criminal defense attorney can often successfully work with the court to negotiate a probationary sentence in lieu of jail or prison sentencing.
If you are facing criminal charges in Alabama, contact Alabama Criminal Lawyers at (205) 994-0616 or use our online contact form.
A person convicted of a crime in the state of Alabama faces various penalties; depending on the charge, these can be fines, jail or probation. A person can get probation instead of serving jail time, or as a condition of serving only time behind bars. Under Alabama law, probation can be either unsupervised or supervised. The requirements of unsupervised probation are easier to fulfill, but the offender shouldn't take it any less seriously than other penalties.
Violating probation can result in more penalties, including incarceration, but once a person completes their term of probation, their sentence is usually complete.
What Is Probation?
Probation is a court-ordered penalty for most misdemeanors and felonies as an alternative to jail time or following a period of incarceration. When the court sentences probation, it usually suspends the offender's incarceration sentence, making that suspension conditional on the offender meeting specific requirements.
The threat of going back to jail if the offender violates the terms of probation is in place throughout the probationary period. When an individual successfully completes the conditions of probation successfully, they are usually free from any other penalties.
General Conditions of Probation
According to the Code of Alabama Title 15 Section 22-50, circuit and district courts in Alabama can order probation as a sentence in both misdemeanor and felony cases. The only caveat is that the punishment for the crime does not include death or a prison sentence of over 15 years.
The exact conditions of a probation sentence are up to the court's discretion. However, the term of probation cannot exceed two years for a misdemeanor or five years for a felony. The court can extend or reduce the original sentence as long as it is within these guidelines.
How an Offender Serves Alabama Probation
When an offender gets a probation sentence, the court refers their case to a probation officer, who investigates and makes recommendations. The probation officer then provides the defendant with instructions on how to serve their time and informs them on what happens if they violate those terms.
The Alabama Bureau of Pardons and Paroles appoints probation officers, who act in a dual capacity by serving the probation courts and the Board of Pardons and Paroles. They are law enforcement officers with the power to make an arrest, and like other members of law enforcement, they must meet the requirements of the Peace Officers Minimum Standards and Training Act.
Some conditions of probation require the offender to:
- Obey laws.
- Report to their probation officer as directed.
- Pay fines, fees or restitution.
- Maintain a job, school courses or vocational training.
- Not use or possess illicit drugs or weapons.
- Submit to drug or alcohol testing.
- Submit to DNA samples.
- Submit to monitoring via GPS.
- Installation of an interlock ignition device (IID) in their vehicle for a specific amount of time.
- Attend and complete counseling or substance abuse treatment.
- Submit to searches without warrant and probable cause.
- Not travel outside of the state or country with permission.
- Keep away from specific locations or people.
- Attend and complete community service or courses like anger management.
Supervised vs. Unsupervised Probation
A person on supervised probation has a probation officer who ensures they comply with all of the court's requirements and monitors their progress as they go. Unsupervised probation usually occurs if the offense is a misdemeanor, and the court deems supervised probation to be unnecessary, but still needs some conditions for the offender's release. There is no probation officer in this instance.
Whether an offender serves unsupervised or supervised probation, they should not violate any local, state or federal laws during their term. While unsupervised probation is less oppressive, breaking its terms can lead to serious ramifications for the offender.
What Happens When There Is a Probation Violation?
If an offender violates their probation terms, their assigned probation officer may order their arrest. Law enforcement can do this without a warrant, and additional penalties may apply, including probation revocation or jail time. If revocation of probation takes place, Alabama requires a hearing. A judge will detail the violations committed, and the offender has the right to defend themselves against these charges.
If the offender is not successful in defending themselves, the court may issue several outcomes:
- Continuation of current probation requirements.
- Formal or informal warning to the offender that more violations will result in probation revocation and suspension of sentence.
- Formal or informal meeting with the offender to emphasize the importance of not violating probation.
- Modification of the probation or suspension of sentence, which may include a short amount of time behind bars, not to exceed 90 days in county jail, a Department of Corrections facility or work release facility.
Probation and Technical Violations
When someone violates a probation sentence, they may not do it intentionally – not every violation involves criminal charges. An offender may incur a violation by reporting late, not finding a job or failing to pass a test for drugs or alcohol. A violation that occurs in a way other than committing a crime is a "technical" violation, and it can still result in serious consequences for the offender.
A probation officer can punish an offender who violates probation on a technicality with up to three days in jail in Alabama. This is informally known as a "dip." However, the probation officer can also ask the court to give the offender a more serious penalty, such as a maximum of 45 days in jail, which is informally known as a "dunk."
References
- Alabama Bureau of Pardons and Paroles: About Us
- Huntsville Defense Lawyer: Probation Violations in Alabama
- Hawkins Firm: Supervised vs. Unsupervised Probation in Alabama
- NOLO/All Law: How Does Probation Work?
Writer Bio
Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. She holds a B.A. in Communications and English from Niagara University.