What is felony probation?
Felony probation is more structured and supervised than misdemeanor probation, often requiring more check-ins with a probation officer and long-term rehabilitation objectives. Defendants will still be required to pay fines, court costs, and restitution as part of their felony probation charges, and community service hours may also be mandatory. Learn more about different types of felony probation below.
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Jan 7, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
Felony probation is a probation program designed for severe offenses. As such, felony probations are structured and supervised more intensely. Before a defendant accepts felony probation, he should understand what is expected while on felony probation.
Felony Probation Objectives
Felony probation is what the name implies: a defendant on probation for a felony-level offense. Instead of having to serve time in prison, a defendant’s sentence is suspended or deferred and he is placed on probation.
As long as the defendant complies with all of the conditions, he will not have to serve the prison sentence. Similar to misdemeanor probation, felony probation usually requires a defendant to report periodically to a probation officer, pay a fine, pay court costs, pay any restitution due, complete any required community service hours, and commit no new offenses while on probation. Even though the general guidelines are the same, the intent and intensity are different for felony probation.
Because felony probations address more serious charges, the motive or intent of felony probation is more than just the collection of a fine or revenue for a county. The intent of felony probation usually focuses on prevention and rehabilitation.
The idea is that if sufficient boundaries are set and a defendant is rehabilitated, then the community is safer and benefits from a more productive member of society. To accomplish these objectives, felony probations are stricter than lower-level probations.
Get Legal Help Today
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
What are the restrictions of felony probation?
Felony probation is more intense than a misdemeanor or traffic probation. Fines and hours of community service ordered in felony probations are usually higher than those of misdemeanor probations.
A defendant is usually required to report at least once per month to a probation officer. If the felony charge is more serious, then a defendant could be placed on intensive supervision which would entail weekly meetings with a probation officer and electronic monitoring.
A felony offender is also evaluated for any programs which could assist in rehabilitation. Programs could include counseling for anger issues, sex offender counseling, life skills courses, and drug/alcohol rehab programs.
Even though misdemeanor probations offer similar programs, they tend to be far more limited than felony programs because misdemeanor probations are shorter in duration, ranging from six months to two years.
Because felony probations usually involve long-term rehab objectives, they are longer, ranging from two to ten years, depending on the severity of the offense. Most misdemeanor programs will be on an out-patient basis. Some felony programs can include periods of in-patient commitments.
For example, Texas has a SAFP program wherein a defendant is committed to a facility and is not allowed to leave until successfully completing the drug or alcohol counseling program.
If the court feels that a defendant is not working hard enough towards his rehab programs, the court can also order a defendant to serve periods of incarceration in county jail as a condition of probation.
These periods of incarceration are usually called sanctions, but are informally referred to as jail therapy. Sanctions are designed to remind a defendant of what awaits if he does not successfully comply with the probation conditions.
Even though a defendant’s prison sentence is suspended, he should understand that the court may confine him through other means.
What is shock probation?
In addition to periods of confinement for rehab or sanctions, some states utilize a felony probation program called shock probation. Instead of immediately placing a defendant on probation, the court will sentence a defendant to serve a period of confinement in prison and then order him to actually be sent to prison.
If the defendant does well while in prison, he is brought back before the court within a certain period of time and is then placed on regular felony probation.
The concept is to shock the defendant with the reality of prison time so that he will be motivated to perform well while on probation. If a defendant fails to comply with the terms of probation, he is returned to prison to complete the balance of the sentence.