While a Fort Worth criminal defense attorney can explain that probation is not an enjoyable thing, it can be far preferable to other types of penalties. He or she can discuss the possible ways to be placed on probation and the specifics, whether it’s a state charge (misdemeanor, felonies, DWIs), or a federal criminal charge.
Sentence Is Suspended
If a judge suspends the imposition of a criminal sentence and the defendant re-offends or violates the terms of his or her probation, the judge can re-sentence the defendant. This includes giving him or her the maximum sentence that could have been originally imposed.
Suspending the Execution of the Sentence
A Fort Worth criminal attorney can explain that another way to be placed on probation is when a sentence is originally imposed but its execution is suspended. When this happens, the court states the time limit for incarceration. However, it then suspends the sentence’s execution while the defendant is placed on probation. If the defendant’s probation is revoked, the court can then order the defendant to serve the original time that was ordered.
The Court Orders Probation
A third way to be placed on probation is for the court to simply sentence the defendant to it. If the defendant violates probation, the court can impose a jail sentence up to the statutory maximum.
A different type of conditional release is called supervised release. This has drawbacks that probation does not. For example, if a person is placed on supervised release, his or her period of incarceration is not reduced. Additionally, federal defendants do not receive parole. Supervised release is a conditional release for a certain period of time that is served after a specific period of incarceration has been served.
If you would like more information on this topic, contact a Fort Worth criminal attorney from the Law Office of Bryan P. Hoeller, PLLC.