Depending on the details of a criminal offense, it may be possible to get probation instead of jail time. It is important that your rights are protected during your case. Work with an experienced Pottstown criminal defense lawyer for representation and legal advice.

What is Probation?

Probation is an alternative sentencing option that may be offered to individuals facing criminal charges. Instead of going to jail or prison, a defendant may receive court-ordered probation where they can serve their sentence while walking free in their community, instead of while detained in a cell.

Just because the defendant is not in an orange jumpsuit and handcuffs, however, does not mean that they are getting away with no punishment. Probation is a conditional release from imprisonment. To maintain the privilege of living at home and getting to continue working and socializing, defendants must abide by certain terms and conditions.

What Are the Terms of Probation?

Every criminal offense is unique as are the terms of every individual’s probation. A judge will determine what terms are necessary depending on the details of the defendant’s offense, history, etc. Examples of common terms include the following.

  • Obeying all laws and not committing any crimes
  • Checking in regularly with a probation officer
  • Maintaining steady employment
  • Doing community service
  • Paying restitution or fines
  • Submitting to random drug testing
  • Remaining in one geographical area and requesting permission to travel or move

Can I Get Probation Instead of Jail Time in PA?

Yes, you may be able to get probation instead of jail time in Pennsylvania. State law allows a judge to issue a term of probation instead of imprisonment depending on the circumstances of the offense. However, whether or not it is granted will depend on many factors including:

  • Whether the crime was violent in nature
  • The severity of the offense
  • If a weapon was used
  • If a physical or mental injury was caused to any victim
  • If the victim was part of a particularly vulnerable group
  • Whether the defendant is remorseful
  • The defendant’s criminal history
  • The risk the defendant poses to the general public

After evaluating the above and more aspects of the situation, a judge will determine an appropriate sentencing, whether it is jail time or probation.

Another option in Pennsylvania is PWOV (Probation Without Verdict). A defendant facing charges for a nonviolent crime may be permitted to serve probation without a verdict if they plead nolo contendere or guilty. Under this clause, the individual can avoid a criminal record as there will technically be no guilty conviction. This option is only available to first-time offenders of nonviolent crimes but is beneficial as it allows them to avoid the potential hardships that often accompany a criminal record.

Whether or not you can get probation instead of jail time depends on a judge’s determination. Serving a probationary period is much more appealing than being locked up, so make sure to explore all options during your case. Speak with a skillful lawyer for legal advice and representation.