Probation is an alternative consequence for those who have committed a crime. Instead of prison or jail, a convicted person can benefit from probate by remaining on the outside while still paying back their debt to society. Not everyone who faces criminal charges receives probation, so how does someone qualify for it?

In Louisiana, 60,000 people are under probation. Any category of criminal charges has the potential to receive probation. If any crime has the potential to receive probation instead of jail or prison time, does the crime impact the chances of probation at all?

How the charges make a difference

Charges of any kind can result in probation, but that does not mean it is likely. The more violent or extreme the crime was, the less likely it is for sentencing to result in probation. This rationale is why only 2,000 of Louisana’s 60,000 people under probation have received sexual offenses charges.

A criminal record also makes a difference

If the crime in question was especially minor, that is also not a guarantee that the convict will receive probation. A convict who has a lengthy criminal history, or has already violated probation in the past, they are much less likely to receive probation again.  

Your lawyer can help your chances

An experienced criminal defense attorney can help their client earn probation by negotiating over the details of the charges and the severity of the probation. Facing charges without an attorney rarely results in the best possible outcome. A lawyer can help a person facing charges increase the odds of earning probation, making them essential to gaining probation.

Any criminal charges can end in probation, but the severity of the charges, criminal history of the accused, and efforts of the defense attorney all impact the odds of probation.

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