Misdemeanor Probation Punishment and Restrictions

In accordance with United States Code Title 18, a misdemeanor is an offense for which the punishment may include incarceration in a county jail for up to a year, probation, community service, suspension of licenses, and imposition of fines. First-time misdemeanor offenders are usually fined or sentenced to a probationary term, while repeat offenders are sentenced to a jail term. Criminal charges in the US are divided into two categories: felonies and misdemeanors. Misdemeanors are less serious than felonies. Some common misdemeanor charges that result in a probationary period include:

* Certain driving under the influence charges
* Traffic violations
* Vandalism
* Intoxication in public
* Possession of drugs
* Petty theft
* Trespassing
* Disturbing the peace
* Prostitution

However, each state has its own laws regarding the misdemeanor charges that result in probation.

Misdemeanor Probation: Procedures

A misdemeanor probation term is ordered by the judge of a US court of law during a jury trial or bench trial if the defendant pleads not guilty at the arraignment. A misdemeanor probation term is often only a part of the sentence; it may be accompanied by other punishments such as a jail term and imposition of fines. However, if the judge decides that the crime is not of a serious nature, he or she may sentence the defendant to a misdemeanor probation only. The length of the probation period is dependent on the severity of the crime and whether it is a first-time offense or not.

Misdemeanor Probation: Restrictions

A misdemeanor probation sentence places certain restrictions on the convict; he or she must live at a particular location and report to the probation officer in charge of the case on a regular basis. The convict may be ordered into home confinement as well. Other common penalties include the removal of firearms from the residence and the imposition of a curfew. When a convict sentenced to a misdemeanor probation term moves to a different county, he or she must report to the local probation department. The individual is required to report monthly to his or her probation officer throughout the term of the probation.

Online Information About Misdemeanor Probation

All states in the US have their own laws outlining the terms and conditions of a misdemeanor probation. All of this information is available online. For example, the Florida statutes regarding misdemeanor probation are available at http://www.leg.state.fl.us/statuTes/index.cfm?App_mode=Display_Statute&URL=Ch0948/titl0948.htm. For information about the state of Idaho, visit http://www3.state.id.us/oasis/2008/H0408.html. All details about Texas Juvenile Probation are available at http://www.tjpc.state.tx.us/about_us/default.htm.

Misdemeanor Probation Violation

Each US state has its own laws regarding misdemeanor probation violation. For example, when the terms of misdemeanor probation in California are violated, the judge commonly orders a jail term or increases the restrictions imposed on the individual who violated probation. For details about misdemeanor probation and probation violation in various states, visit the following websites.

Minnesota Probation: https://www.revisor.mn.gov/statutes/?topic=594528

California Probation: http://www.courtinfo.ca.gov/selfhelp/protection/dv/resprob.htm

Florida Probation: http://www.leg.state.fl.us/statuTes/index.cfm?App_mode=Display_Statute&URL=Ch0948/titl0948.htm

New York Probation: http://dpca.state.ny.us/

Illinois Probation: http://www.state.il.us/court/probation/default.asp

South Dakota Probation: http://www.sdjudicial.com/index.asp?category=probation&nav=probation&EID=1

Information on misdemeanor probation for all states in the US is available online.