Probation in Washington, DC
Probation is a part or potentially all of a criminal sentence that is suspended by a judge, rather than having the person serve their entire jail or prison term. Instead, the DC resident would fulfill a portion of the sentence in their community with certain conditions as determined by the judge.
However, probation can also be revoked due to various violations, such as being convicted of another crime during the probationary period or failing to complete one of the court-required programs or other conditions. If you are on probation in Washington, DC or are accused of violating your terms, contact a seasoned attorney for trusted legal guidance.
Who is Eligible for Probation in DC?
A person could be placed on probation after a guilty plea or during sentencing after a guilty verdict at trial. Whether they are eligible to receive a probationary sentence depends on several factors, such as whether their charges are misdemeanor or felony. In nearly all misdemeanor cases, the defendant may be eligible to have some or all of their incarceration suspended.
For felony cases, a judge may or may not grant a probationary sentence, depending on the severity of the charge and the defendant’s criminal history. Even if part of an incarceration period is suspended, however, the judge may still impose some jail time. Ultimately, judges have discretion on whether a person should receive any kind of suspended sentence. However, an experienced lawyer in the community could help a person on trial determine their eligibility for probation.
Types of Probationary Sentences
There are generally two types of probation in DC: supervised and unsupervised. Supervised probation is the most common type of sentencing and includes oversight by an officer of the court. The probation officer’s responsibility is to make sure that the person is following the conditions of their probation and report any alleged violations to the judge. Supervisors could require regular reporting to the DC probation office either in person or by phone. This could mean once per week, once every other week, or whatever interval the probation officer deems appropriate.
There are various other requirements that the probation officer could impose on a person serving their sentence, including:
- Regular urine screenings
- GPS monitoring
- Required treatment programs
Some of these conditions on supervised probation may be imposed by the judge. However, in some cases the probation office could also be granted discretion on the kinds of conditions they believe are appropriate for a certain situation.
In some situations, a judge may determine that no supervision is required for a person’s probationary sentence. These may be cases where a person has no specific needs for court services, or where supervision would be more burdensome than what is necessary for the circumstances. A well-practiced attorney could help a DC resident understand the particular terms of their supervised or unsupervised probationary sentence.
DC Probation Requirements
When a judge places a person on probation, they can either impose specific requirements or a general condition. In the latter case, it is often up to the probation officer to decide exactly how to enforce the sentencing. Examples of specific, court-ordered requirements could include:
- Alcohol or drug treatment
- Mental health counseling
- Domestic violence rehabilitation
- Anger management classes
- Completion of a certain number of hours of community service
What Happens if I am Accused of Violating Probation?
If a supervision officer believes that a person has not followed their probation terms, the officer would file a report with the judge. This could lead to a scheduled hearing called a show cause to determine if a violation occurred.
The defendant has the right to be notified of the hearing and to have a skilled attorney present. The probation office must present evidence to the judge that shows a violation occurred. In these cases, it is crucial for the defendant to seek rigorous representation from a nearby probation lawyer to challenge the allegations against them.
Call an Attorney for Information on Probation in Washington, DC
Whether you are seeking suspended sentencing or defending against accusations of probation violations, legal support could make a big difference in your case. Reach out to our firm today to discuss your situation with a knowledgeable member of our team.