Probation Rules You Didn’t Know About

In legal terminology, probation is the sentence imposed by the court of law on a person found guilty of certain charges. It is basically a sentence whereby the convict is put 'on probation' immediately, instead of serving time in jail, or after spending a brief time in jail.

Thus the convict gets to spend a brief period of his term outside the jail, but under the supervision of the law enforcing authority. It is mandatory for the convict to abide by the rules of probation constituted by the authorities of the said jurisdiction.

Though the rules of probation may differ from one jurisdiction to another, most of these rules stress on the fact that the said person is under probation/parole, and hence, he will be under the supervision of the authorities for a certain period.

These rules and regulations may also state that the person should restrain from doing certain activities during this period. Violation of these rules may call for further legal action, so anyone on probation should avail legal advice to make this period easy for himself.

Some of the basic conditions of probation are discussed:

► The convict should report to his/her probation officer or court as stipulated in the probation rules.

► He shouldn't leave the area of jurisdiction without taking permission, in writing, from the probation officer or the person in charge.

► He should promptly notify the concerned authorities if his address, contact number, or any other personal information has changed.

► He should not possess or purchase any weapon which can be harmful for him or other people around.

► A person on probation shouldn't take up any job, wherein he is required to look after children or elderly people.

► He should not possess any contraband items, including drugs and alcohol, which may eventually land him up in jail.

► He should pay all the fees regularly as stipulated in the rules. These may include fees such as probation supervision fees, home arrest fees, court fees, etc.

► He should be present when required for any sort of drug or alcohol testing. Only those substances that are recommended by the doctor will be allowed.

► He should consult the authorities when using any medication or opting for any medical procedure on the behest of the doctor.

► Other than drug and alcohol testing, the convict should make himself available whenever asked for a routine health check up.

► He shouldn't choose to become an informer for the law enforcing authorities without a written permission from the court probation officer.

► He shouldn't get involved with other individuals accused of felony or any other misdemeanor.

Other than this, certain rights provided by the Constitution may be waived for a person serving probation period. For instance, waiving off the Fourth Amendment rights to search and seizure would mean that the probation officer may search you in person or any of your assets, including your home and vehicle, and seize them if required.

One should also take a note of the fact that not all these rules are applicable for all the crimes. Some of these rules may differ based on what charges the convict is facing.

For instance, a person charged with any sex-related offense may not be allowed to take up a job wherein he comes in contact with members of opposite sex and children, or he may not even be allowed to possess any pornographic material.

Other than the rules and regulations mentioned above, one more stipulation which will be added to the conditions―irrespective of the area of jurisdiction―is the stipulation stating that the conditions mentioned in the document would be subject to modification, if required, upon the approval of department of probation and/or court of law.