One of the most common sentences in criminal cases is probation.
Probation is a method of keeping an offender in the community, rather than behind bars, while they serve their sentence.
There are different kinds of probation and various rules for offenders who are on probation. In Ohio, one type of probation is unsupervised probation.
What Is Unsupervised Probation?
Unsupervised probation is a sentence given by a judge to a person who has broken the law. Unlike traditional or supervised probation, there is no probation officer involved who will monitor the offender to determine whether they are staying out of trouble.
In Ohio, offenders often hope to receive unsupervised probation as a sentence because it provides a great deal of freedom.
How Does Someone Get Unsupervised Probation
There are several things the judge will consider when deciding whether to order unsupervised probation as a sentence.
- The severity of the crime;
- Whether the offender is a repeat offender;
- The stability of the offender’s living arrangements;
- Whether the offender has a job or is in school;
- What government officials (prosecutor and probation officers) recommend for the sentence;
- If given, the victim’s statement regarding the crime; and
- Arguments in favor of probation by the defense attorney.
Ultimately, a judge must believe that the offender will stay out of trouble and be a productive member of society, without first being supervised by a probation officer or put in jail.
What Are the Rules in Ohio Regarding Unsupervised Probation?
Unsupervised probation comes with a set of rules (called terms of probation) the offender must follow. Obeying all state and federal laws is a requirement included in every unsupervised probation sentence.
Additional rules might include:
- Not owning a firearm;
- Seeking/maintaining employment;
- Attending anger management classes;
- Completing a drug rehabilitation program; or
- Not consuming alcohol.
Any terms of probation, in addition to the requirement that the offender not break any laws, would be related to the offender’s specific crime and individual circumstances.
How Long Does Unsupervised Probation Last?
In Ohio, unsupervised probation can last up to 5 years. A judge determines the length of the sentence for each case. The court notifies the offender of the date their unsupervised probation will end when it sentences them. The offender’s attorney can also provide clarification about when the unsupervised probation expires.
What Happens If You Violate Unsupervised Probation?
Violation of unsupervised probation is a violation of a court order.
Therefore, you will likely lose the ability to remain on unsupervised probation and receive a harsher sentence such as:
- Supervised probation,
- Jail time,
- House arrest, or
- An ankle monitor.
While unsupervised probation provides offenders with significant freedom, it is still a serious sentence. We advise that offenders make every effort to follow the terms of their unsupervised probation and contact their attorney if they have violated their probation.
What Should I Do If I Am Facing Criminal Charges?
If you are facing criminal charges, we advise you to contact an experienced criminal defense lawyer immediately. You have the right to have a lawyer defend you. If approached by law enforcement, do not talk without your attorney present. Share all information honestly and openly with only your lawyer, and they will help protect your rights.
Gounaris Abboud, LPA: Your Criminal Defense Attorneys
Please call Gounaris Abboud, LPA, immediately at 937-222-1515 if you are facing criminal charges. Our experienced attorneys provide exceptionally high-quality legal representation.
We will listen to your side of the case, gather information to assist in your defense, and be your voice in dealing with the police, courts, and probation system.