Releasing of the culprit from detention for his good behavior is termed as probation. It is an agreement in a criminal case between the prosecutor and the defendant in which the latter agrees to plead guilty in exchange for some concessions by the prosecutor. According to Attorney Miya Griggs, the temporary release of the prisoner in the midst of one’s sentence on certain conditions is called Parole. The nature of both Parole and probation is similar, and it is always a prerogative of the judge to issue such orders. Probation is issued to the offender when one agrees to serve a prison sentence while Parole is issued to the culprit who is undergoing imprisonment.
The prisoners do not enjoy the right to Parole. It is a parole board constituting of more than one officer who decide the temporary release of a prisoner. The prisoner is initially screened by a parole officer and needs to be satisfied that he fulfill all conditions prior to the release. If the prisoner is found violating the conditions during the parole period, he may be sent back to jail. As per Attorney Miya Griggs, the following are the different conditions that a prisoner has to abide by to get Parole. The prisoner should go to the temple to participate in the community service; he should abstain from smoking and drinking and remain away from unlawful activities. He is supposed to report to the parole officer regularly. He is required to wear a monitoring device to enable the authorities to be aware of his whereabouts.
The conditions applied for probation and Parole are of the same nature. The prisoners who have committed the crime for the first time, which are less serious, are allotted probation and are under the supervision of a probation officer who examines the defendants and is satisfied with them that they do not violate the conditions and requirements laid down by the honorable court. The person accused in the court of law is supposed to accept the conditions of one’s probation and would be sent back to prison if found breaking the court’s rules.
In this case, as per Attorney Miya Griggs, one may have to serve a longer sentence. The probation period varies from one to ten years and the nature of the crime. It also depends upon the rules of different states. The prisoner is likely to be tried in the court for violation of the terms and conditions of one’s probation, where the appointed judge would announce a verdict in favor or against the defendant, and one has to face the consequences if there is violation during the probation period. If the prisoner does not act in accordance with the terms and conditions of the probation laid down by the upcourt, he is supposed to be charged with the violation of probation. In this case, the defendant may have to serve a longer sentence or may be put behind bars.
Originally Posted: https://attorneymiyagriggs.wordpress.com/2020/09/29/facts-about-probation-violation/
0 comments:
Post a Comment