After you plead or are found Guilty
What is Probation?
If you plead guilty, or are convicted at trial, the court can sentence you to prison or jail according to the legal guidelines, or instead, can grant you Probation. Thus the Judge must determine whether or not to grant you Probation. If the judge grants you probation, you will not be sentenced to state prison, but it does not necessarily mean that you will not be sentenced to serve time in county jail. The court does not have to grant you probation – it is a privilege the court gives you and can take away from you). In exchange for getting this privilege, your must agree to and comply with the court imposed terms of probation. So unfortunately, Probation is not free! If granted probation, the judge will require you to accept probation on certain terms and conditions including: pay a fine, do community service, join a drug or alcohol rehabilitation program, have no contact with another person, submit to search and seizure of your place or person at any time, not carry a firearm and many others. However, the most dreaded condition of probation is serving time in the county jail system.

SENTENCING ALTERNATIVES
As terms of Probation
JAIL
In most cases, defendants are ordered to serve some amount of time in county jail up to a maximum of one year. When people are sentenced to serve straight time in county jail, they and their fam­ilies suffer many consequences more serious than the jail sentence itself. Thus most defendants wish any alternative to spending time in Jail.

Sheriff’s Work Program (SWAP)
If sentenced to 60 days or less, most defendants can work on a Sheriff’s Work Program (SWAP) instead of Jail. The Sheriff’s work program usually has you perform token unskilled work like picking up garbage, cleaning trains or raking leaves from 9-5. Then you can go home and each day counts as one day in Jail. Often SWAP can be done on weekends, so you don’t miss work, family, or other obligations. Thus most people prefer SWAP if eligible to do so.
Work Furlough – (allows you to keep your job!)
Often, the Court can sentence you to a work furlough facility that you sleep at nights and weekends, but which allows you to go to your job during working hours.Often, the Court can sentence you to a work furlough facility that you sleep at nights and weekends, but which allows you to go to your job during working hours.

Residential Treatment Program (RTP)
If your case is primarily caused by drug or alcohol related addictions, the court will often be sympathetic and recognize that you need treatment. Attending a Residential Treatment Program (RTP) can be a highly preferable alternative to Jail. This way, you get the treatment that you need anyways, and you avoid Jail. But wait, it gets better! It’s never too soon to start. If you get into an RTP while your case is pending, if your attorney has the judge “order you to enter and remain in the RTP”, then you will be credited jail time for the time you spend in the program, while your case is pending. Another good thing about RTP’s is that some have “working man programs” where you stay over at the Program on nights at weekends, but may leave to work from 6a.m. to 6p.m. – allowing you to continue working while receiving treatment. RTP’s are often expensive and have long waiting lists, so if you have a drug or alcohol case, don’t delay, enroll in a good Program and avoid Jail!
After you plead or are found guilty
Getting the Lowest Sentence
PROBATION Recommendations
After you plead guilty or are convicted, the court has a sentencing hearing to determine what sentence to impose upon you. To decide what sentence to impose, the court first asks for a recommendation from the Probation Department. Thus before you are sentenced, you must complete an interview with your Probation Officer (P.O.) who has access to your prior record (“rap sheet”), all the court’s evidence in your case – and then information from his or her interview with you. Your P.O. prepares a Pre-Sentencing Probation Report or Recommendation of what sentence is most appropriate for you, whether you should be granted probation and, if so, on what terms. The Judge essentially follows the Probation Recommendation unless the defense or the prosecution shows convincing evidence why the Judge should deviate from it. Thus, tragically, your sentence and your future are in the hands of your P.O., so your efforts need to be focused on how to make a good impression on your P.O. so that s/he makes a favorable recommendation to the court.

The Probation Application
When you sign up for your Probation Interview, you will be given a Probation Application to complete for the P.O. to review before meeting with you for your Probation Interview. Most of the form is basic background information, however there is the one “Key Question” that asks you about the Present Offense, which asks you to tell your story of the facts and circumstances involved; what actually happened; what led to your arrest, the reasons why you committed this act; and to tell how you feel about it.
It is important to be truthful and straightforward, humble and remorseful. Your story will be made part of the report to the court. Remember that the Probation Officer is not trying to determine your guilt or innocence. Rather the Probation Officer is only trying to determine:

1. that you take responsibility for your actions – and thus do not need to be punished (harshly);
2. that you are very remorseful;
3. that it is unlikely that you will commit any such acts again and
4. that you are willing and able to comply with the rules and terms of probation.

It is strongly advised to have your attorney review and help you write your answer to the “Key Question”. Your attorney may know the particular P.O., and in any event knows what to say and what not to say! When reviewing and completing your Probation Application, your attorney should be brutally honest and insist that you follow his or her instructions. If you want praise for your work, show your answer to your mother, if you want to receive a lesser sentence, show it to your lawyer.

The Probation Interview - For the interview, remember: the rule is: Keep it simple and short. Stick to the relevant facts in as few words as possible. Take responsibility for your actions and show remorse for the effects on others. Just answer the questions - be humble - don’t go overboard by volunteering too much extraneous information to the Probation Officer. Your P.O. can sometimes be disagreeable. Never get into an argument with the Probation officer, as you will not win. Follow the same guidelines mentioned above for the Probation Application.

Life on Probation - There are 2 kinds of probation. The easier kind is Court or Informal Probation. While on court probation, you simply need to follow certain rules and obey all laws (which you should do anyways). The other is Supervised or Formal Probation where there are stricter rules to follow and you are more closely supervised and monitored by a Probation Officer.

Supervised Probation after you’re sentenced – You and your Probation Officer (P.O.) (Know and obey the rules).
After you’re sentenced, the P.O.’s job is supposed to be to carry out the direct orders of the court and to “help” you get on with your life. It sounds wonderful but I do not know one person who can tell you that is what happens. On the contrary, you will likely find your P.O. intrusive, poorly trained, power hungry, and about the least trustworthy individual that you will ever meet.
The most important thing you need to know is: YOUR PROBATION OFFICER IS NOT YOUR FRIEND!
Under no circumstances do you trust your Probation Officer. If in your P.O.’s opinion you violate any of your terms of Probation, your P.O. can violate you, and then you will have to have a new trial for a Probation Violation, which can carry more jail time and even stricter terms of Probation. If you’re not careful, you can really fall into a vicious cycle. You probably don’t need to be told you’re your P.O. is not your friend. You will probably get this impression of your P.O. all by yourself. But sometimes your P.O. seems like your friend that you can trust; that is when you can trust them the least. Have your attorney keep your P.O. in line by communicating to them that you will be obeying all the rules and that the attorney will assist you in that goal. Usually a firm approach by you and your attorney will get your P.O. to get off your back. Interestingly, most probation violations are for drug and traffic violations. So staying clean is the best strategy. Remember, your P.O. is not your friend and would send you to jail in a heartbeat if they can find a reason. Good luck, and put all this behind you!

AFTER YOUR CASE
Getting on with your life
After your case, you need to get your life back in order and put all this behind you. Now is your chance to start your life over and do it right this time around. You have already been through the worst part. If you truly want to move your life forward you can.

PROBATION MODIFICATION
Most judges are reluctant to modify the terms of a defendant’s probation; however, a defendant may apply to the court for a modification of sentence when the defendant can demonstrate that unforeseen circumstances, which arose after the date of the sentence, seriously endanger the health and financial survival of the defendant or his remaining family members. If your family’s health or financial survival is threatened by illness, loss of job or any other circumstance which occurred after the date of your sentence, you should ask your lawyer to make a motion to modify your sentence to allow you to respond to your family’s crisis. If you can clearly demonstrate the crisis with documentation or testimony, you attorney has a good chance of persuading a judge to modify your sentence.