If you are facing criminal charges in Iowa, understanding all of your legal options and possible outcomes of your case is crucial. It is important to learn what probation is and how it can work in your case. Read on and speak with a skillful Dallas County criminal lawyer today to learn more.
What is Probation?
Probation, as defined under Iowa Code 907.1, is “the procedure under which a defendant, against whom a judgment of conviction of a public offense has been or may be entered, is released by the court subject to supervision by a resident of this state or by the judicial district department of correctional services.”
Probation can be used as an alternative to imprisonment. If you are found guilty of a criminal offense, you may not be sentenced to jail but instead be allowed to remain free while operating under the terms of your probation.
Even though individuals on probation are allowed to remain in the community, it is important to remember that they are not technically “free” in the same sense that others are. They are closely supervised and must comply with terms and conditions or else risk harsher penalties or jail time.
How Does Probation Work in IA?
After you are found guilty of a crime in Iowa, the court will determine an appropriate punishment, which can include a variety of consequences like jail time, fines, license suspension, community service, and more. One possible penalty is probation instead of a term of imprisonment. Probation is generally offered to first-time offenders of low-level crimes, though judges generally have the discretion to decide if an individual is deserving of supervised freedom.
If you are sentenced to a term of probation, you will be assigned a probation officer and issued a list of conditions that you must comply with for the duration of your probation. While each case is different, examples of common conditions include the following.
- Remain in the judicial district area and request permission to travel
- Report to the probation officer for regular check-ins
- Maintain stable employment or schooling
- Refrain from excessive or any use of alcohol or drugs
- Not associate with people engaged in criminal activity
- Submit to random visits from the probation officer
- Refrain from committing any crimes
How Long is Probation?
The court decides how long probation lasts based on the unique circumstances of each case. Probation generally lasts 2 to 5 years for felony convictions and 1 to 2 years for misdemeanors. The amount of time your probation will last depends on what the court determines will give you the best opportunity for rehabilitation and protect the community from future offenses.
If the court feels that the purpose of probation has been fulfilled, the length could be reduced. On the other hand, if you violate the terms of your probation or commit another offense, it could be extended, made stricter, or even revoked, and you could be sent to jail.
