David Serna Talks About Probation

What is probation in criminal law?

Like parole, probation is a period of supervision ordered by the court instead of serving time in prison. David Serna believes it is an offender’s privilege if the judge rehabilitates them and guides them back into society. But, they no longer have the same level of freedom as an ordinary citizen.

Although probation orders release offenders back into their community, various conditions restrict their behavior to avoid imprisonment. If they violate any one of those restrictions, the court may modify or even revoke the probation. While the judges set these conditions, David Serna believes offenders should understand and remember that probation officers enforce them. They require random and scheduled check-ins to make sure that the person under probation is behaving well.

When do courts order probation?

Courts usually grant probation for first-time or low-risk offenders who have lesser tendencies to re-offend and are of minimal risk to their community. Criminal statutes determine when probation is possible instead of jail time. But, David Serna believes it is vital to note that it is up to the sentencing judges to determine whether or not to grant it.

Does probation have conditions?

Although judges have discretion in setting a probation’s conditions, they should still be reasonable. It means that they cannot be vindictive, vague, overboard, or arbitrary. Also, these conditions must relate to the public’s protection and the nature of the committed crime. Probation officers conduct check-ins to meet the goals of probation. If the offender fails to comply, the court may add more restrictive conditions or impose a prison sentence. It is why David Serna believes it is in the offender’s best interest to follow all the rules and behave better than they did.

Can the court revoke an offender’s probation?

David Serna also believes that the offender must understand that while the court holds power to revoke probation, they should still go through a procedural due process. The court will provide notice of the proposed revocation and conduct a hearing. The offender has the right to testify, confront witnesses against them, and present supporting witnesses. But, it is also essential to note that the person facing revocation does not have as many rights during the proceedings.