Video – Attorney Andrew Dósa Explains: What Is The Purpose Of Probation?

Ray Hrdlicka – Host – Attorneys.Media

“What’s the purpose of probation?”

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“Allright. The simple answer is that probation is designed, primarily, to allow the court system to not completely clog up the jails. After someone has served their sentence, or if they don’t have a sentence, the court wants to make sure they’re still taking seriously how they are supposed to conduct themselves. So, a person who gets arrested and gets charged, and works out a disposition, a deal, if that person goes to jail, they will come out and have a chance to function in society, have the freedom to enjoy the sun and fresh air every day. But the court, at that same time, is reminding that person, ‘we still have a hold of you’.

So, probation is primarily designed for the court to have a hold on somebody for a stretch of time into the future, with the idea you’re given a chance to stay out-of-custody, enjoy the freedom that we have, fresh air, sunshine, rain, whatever it may be. We’re all happier to get rain on us, than stuck inside, in jail, seeing rain outside. The courts want people to know, they want the defendants to know, that they be reminded of their behavior, and that behavior had some consequences. So, as a substitute to jail, probation may be available for a stretch of time. Typically, 3-5 years. Most misdemeanors probation terms are three. Most felony probation terms are five. Occasionally, you’ll get a shorter period of time depending upon the less serious nature of the crime. But the court really wants the defendant to know there is a leash on him or her, and for a stretch of time into the future they have to be aware they have to continue to conduct themselves well, and perhaps develop the habit of being out of trouble.”