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Sentencing Alternatives: Prison, Probation, Fines, and Community Service


Offenders who are put on probation are typically required to adhere to a number of "conditions of probation," including:

  • Obey all laws (even petty laws like jaywalking have been known to land a probationer back in jail).
  • Abide by any court orders, such as an order to pay a fine or restitution.
  • Report regularly to the probation officer.
  • Report any change of employment or address to the probation officer.
  • Abstain from the excessive use of alcohol or the use of any drugs.
  • Submit to regular alcohol or drug testing.
  • Refrain from travel outside of the jurisdiction without prior permission of the probation officer.
  • Avoid certain people and places.

If a probation violation is discovered and reported, it is likely that the court will conduct a probation revocation hearing.

Fines

Fines are a common punishment for a variety of crimes, especially less serious offenses committed by first-time offenders. Offenses that are typically punished by a fine include minor drug possession (of a small amount of marijuana, for example), fish and game violations, shoplifting, traffic violations, and first-time drunk driving cases. In more serious offenses or where the defendant has a criminal record, many judges combine a fine with other punishments, such as incarceration, community service, and probation.

Restitution

While fines go to the state (or federal or local government prosecuting the crime), restitution is money paid by the defendant to the victim or to a state restitution fund. Offenders may be required to return or replace stolen or damaged property, to compensate victims for physical injuries or for medical and psychological treatment costs, or to pay funeral and other costs where a victim dies.

In some cases, the "victim" is society, such as in welfare and Medicare fraud schemes, where defendants may be sentenced to pay the state back the money defrauded. Typically, the defendant will be ordered to pay restitution as just one part of the sentence, in addition to prison, community service, and/or probation.

Copyright 2007 Nolo

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