legal talks
vivek nandwana
(Querist) 05 October 2010
This query is : Resolved
what is grounds of probation in criminal cases?
Daksh
(Expert) 05 October 2010
Dear Mr.Vivek,
Usually it is the conduct of the person who is undergoing sentence coupled with the descretion of the appropriate authority and the genuiness of the requested cause (namely attending family obligation, nursing ailing family member, getting treated with special facility hospital etc.)
Best Regards
Daksh
bhupender sharma
(Expert) 05 October 2010
that is parol not the probation. The probation, means person to be enlarged on probation on the ground that he not involved in any other crime except the present one and of the young age, so for the above said testing of the mentlity the court grant the probation instead of sending him to prison of the period at the discrition of the court.
pawan sharma
(Expert) 05 October 2010
yes i agree with Mr. Sharma.
Parthasarathi Loganathan
(Expert) 05 October 2010
Probation is a sentence which may be imposed by a criminal court, in lieu of incarceration. A criminal who is "on probation" could be considered as convicted of a crime, but has served only part of the sentence in prison, or has not served time at all.
In cases of deferred adjudication, after completing probation, the offender might be cleared of the conviction. In most jurisdictions, probation is a sentencing option for misdemeanors and many felonies (these are commonly called "probationable" offenses), but not for higher-order felonies, such as capital crimes, forcible rape, and many others.
An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. Offenders are ordinarily required to refrain from subsequent possession of firearms, and may be ordered to remain employed, abide to a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction.
The probationer may be ordered as well to refrain from contact with the victims (such as a former partner in a domestic violence case), with potential victims of similar crimes (such as minors, if the instant offense involves child sexual abuse), or with known criminals, particularly co-defendants.
Additional restrictions can include: a ban on possession or use of alcoholic beverages, even if alcohol was not involved in the original criminal charges. Offenders on probation might be fitted with an electronic tag (or monitor), which signals their whereabouts to officials. Also, offenders have been ordered to submit to repeated alcohol/drug testing or to participate in alcohol/drug or psychological treatment, or to perform community service work.
