About probation?

Question

in order to get probation, do u first need to be arrest? how does it go?

Answer 1

Yeah, they keep you in jail until the court date.

Answer 2

Hello Carol. Probation is a determination made by the court system as to whether a person can exist within society following strict rules or whether they need to be incarcerated.

The progression goes as follows:

A person is arrested and formally charged with a crime.

An arraignment hearing is held and bail is set, raised or denied by a Judge. If bail is set, the person has the opportunity to either pay it in full themselves or pay 10% to a bailbondsman. Paying bail allows a person to remain "free" until trial. If bail cannot be paid ( or if it is denied), then the person sits in jail until trial.

There is a preliminary hearing where the facts of the case are discussed. An offer may or may not be made at this time of a reduced sentence or probation ( called plea bargaining). The concept is for a person to accept guilt in a case (when warrented) and for saving the taxpayers from the cost of a trial, they will accept a lesser charge or reduced time. If no plea is offered or if it is refused, the  person then goes on the docket for trial.

At the trial, the case will be discussed, the defendant will be examined and cross examined and either a jury of your peers or a Judge will determine guilt or innocence.

If a person is found guilty, the Judge will now make a determination of either probation or incarceration.

Just a note here. Probation is only granted by a Judge before going to prison (felony charge). Probation can be granted for either a misdemeanor or a felony. Parole is granted by the Adult Parole Authority and is only granted after incarceration in prison and a portion of the time has been served. Parole can only be granted for a felony.

I hope this helps and you can find it useful

Answer 3

go to prison, get released, then get on probation.