Unsupervised probation is a type of probation authorized in many states where you report directly to the court rather than to a probation officer. This is typically a more relaxed form of probation that is reserved for misdemeanor offenders that pose a low risk of harm to the community.
As with supervised probation, you must complete certain terms and conditions while on unsupervised probation.
These typically include:
- not committing a new crime,
- returning to court for regular progress reports, and
- paying fines or court-ordered restitution.
1. What is unsupervised probation?
Unsupervised probation is a form of probation where you do not report to a probation officer. Rather, you are released into the community (as opposed to incarcerated) after a criminal conviction and report to either:
- the court, or
- a private company under contract with a state’s Probation Department.1
By contrast, ordinary probation in criminal cases is where an offender
- is released into the community and
- is under the supervision of a probation officer.2
With both types of probation, the probationer must perform certain terms and conditions of probation over the length of the probationary period.
Courts tend to reserve unsupervised probation for situations where:
- you are convicted of a low-level misdemeanor,
- you are a first-time offender,
- you pose a low risk of danger to the community, and
- you have completed many of the terms of your probation.3
As to the latter, note that most unsupervised probations come after a period of supervised probation. Courts allow you to complete most of your probation requirements while monitored by a probation officer. They then move you into a period of unsupervised probation because there is little else to monitor.
Also, in some states, such as California, probation in misdemeanor cases is almost always unsupervised whereas probation in felony cases is almost always supervised.
2. What do you have to do while on unsupervised probation?
As with supervised probation, you still have to comply with certain terms and conditions.
Depending on the facts of your case and the criminal charges you were convicted of these conditions may include:
- making all court appearances and providing the court with progress reports,
- not committing a new offense,
- paying fines, and
- performing community service.
By contrast, the terms and conditions of supervised probation can often be more onerous, such as:
- report regularly to a probation officer,
- not move out of the county without permission,
- pay fines, court costs, and/or victim restitution,4
- participate in individual or group therapy,
- complete treatment programs, such as anger management,
- complete community service,
- seek gainful employment for the probation period,
- be subject to a restraining order (for criminal offenses involving domestic violence crimes),
- abstain from alcohol and/or drugs and attend a substance abuse program,
- not drive with any measurable amount of alcohol or refuse a chemical DUI blood or breath test (if on DUI probation),
- show up at all court dates,
- submit to random drug testing and alcohol testing,
- spend time on house arrest,
- agree to warrantless searches, and
- not commit a new crime.
3. What happens if a violation of probation?
If you violate a term of unsupervised probation, the court can:
- issue a warning,
- place you on stricter terms of unsupervised probation,
- change your unsupervised probation into supervised probation, or
- impose your suspended jail sentence and make you serve jail time.5
Note that if you are accused of violating your probation, the court will hold a probation violation hearing. The purpose of the hearing is for the judge to determine if you did in fact violate probation.
4. What are the benefits of unsupervised probation?
The benefits of unsupervised probation are that you:
- no longer have the burden and stress of meeting with a probation officer,
- save money by not having to pay supervision fees, and
- are under less severe terms of probation in comparison to supervised probation.
5. Can a criminal defense attorney help?
Yes. You should contact a criminal defense lawyer if facing a criminal charge.
A defense attorney can help you contest a charge by raising a legal defense (for example, by showing that law enforcement arrested you without probable cause).
If convicted, a lawyer can present a sentencing case that proves to the court your eligibility for either supervised or unsupervised probation.
Note that most defense lawyers and law firms provide free consultations. A free consult mean you can receive legal advice at no cost.
Further, your communications with your attorney are protected by the attorney-client relationship. According to this bond, your lawyer cannot disclose your confidences without first obtaining your approval.
Additional resources
For more in-depth information, refer to the following scholarly articles:
- Legal and Extralegal Factors Associated with Success on Misdemeanor Probation – Open Journal of Social Sciences.
- Fugitives from Justice: An Examination of Felony and Misdemeanor Probation Absconders in a Large Jurisdiction – Federal Probation.
- New Directions in Misdemeanor Probation – Judicature article on how probation departments are trying to become more effective at preventing new crimes.
- Misdemeanor Prosecution – The Quarterly Journal of Economics article analyzing the causal link between misdemeanor prosecution and future criminal activity.
- Informed Misdemeanor Sentencing – Hofstra Law Review article on how defendants often do not realize the ramifications of taking a misdemeanor plea.
Legal References:
- See, for example, Colorado Courts website, “Probation FAQs.”
- Black’s Law Dictionary, Sixth Edition – “Probation.”
- See, for example, Florida Statute 948.013.
- See, for example, California Penal Code Section 1202.4 PC.
- See, for example, California Penal Code Section 1203.3a PC. See also Arizona Rules of Criminal Procedure 27.8c.
