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Simple English definitions for legal terms
bench probation
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A quick definition of bench probation:
Bench probation is a type of probation where a person who has been convicted of a crime agrees to follow certain rules and restrictions set by a judge instead of going to jail. The person only reports to the judge and not a probation officer. Shock probation is a type of bench probation where the person spends a short time in jail or prison before being released on probation. Probation ends when the time period is over, the court orders early termination, or if the person violates the terms of probation.
A more thorough explanation:
Bench probation is a type of probation where the offender agrees to certain conditions or restrictions and reports only to the sentencing judge instead of a probation officer. It is a court-imposed criminal sentence that releases a convicted person into the community instead of sending them to jail or prison, subject to stated conditions.
- Shock probation: This is a type of probation that is granted after a brief stay in jail or prison. It is intended to awaken the defendant to the reality of confinement for failure to abide by the conditions of probation. Shock probation is discretionary with the sentencing judge and is usually granted within 180 days of the original sentence.
- Deferred-adjudication probation: This is a type of probation where the defendant pleads guilty or no contest to a crime, but the judge defers the finding of guilt. If the defendant successfully completes the probationary period, the charges may be dismissed.
These examples illustrate the different types of probation that can be imposed by a court. Bench probation, in particular, is unique because the offender reports only to the sentencing judge, which can provide more direct oversight and accountability.