DECIDING THE BEST CASES FOR PROBATION

"What sticks in our minds about crimes are the aggravated situations -
violent crimes, repeat offenders and drug manufacturers or traffickers,"
District Attorney Cathy Stocker said. "Most crimes ... are property offenses
of one sort or another." Stocker said the majority of those offenders don't
pose a great risk to the community because they are unlikely to commit
further crimes.

"Probation can be an effective punishment when used appropriately," she
said. "Probated sentences hold an offender accountable for his crime and can
impose a variety of sanctions, which are reinforced by the threat of
incarceration.

"An offender knows he could be incarcerated if he does not comply with the
rules of probation."

Court-ordered probation can include provisions for restitution to the victim
of the crime; community service; appropriate drug, alcohol or mental health
treatment; payment of fines and costs associated with the court case; and
accountability to a probation officer for the offender's whereabouts and
behavior, Stocker said.

Everyone sentenced to probation also must obey all local and state laws,
avoid contact with convicted felons and abstain from drugs and alcohol.

Assistant District Attorney Tim S. Braley said most provisions for offenders
on probation are meant to ensure they don't end up committing further
crimes.

"Unfortunately, however, many who are granted a chance to comply with the
law and court rules do not take advantage and only end up right back where
they started," he said.

Braley said there is no short answer to determine if probation is
appropriate in a given criminal case.

"In many respects, a probationary term serves a punitive purpose as it
restricts otherwise unrestricted conduct," he said. "Imagine requesting
permission to leave the county or being required to provide a urine sample
on demand or a rule that mandates you allow an officer into your home for
inspection upon his request."

Braley said prosecutors consider a myriad of factors in deciding if
probation is a proper punishment.

Considerations include the seriousness of the crime, criminal record of the
offender and availability of meaningful community-based services, he said.
Prosecutors also weigh the strength of the evidence in each case and the
condition of their witnesses.

"For instance, there is incentive to avoid putting a child witness through
the rigors of a trial if adequate sanctions and structure can be had through
a probative term," Braley said.

Assistant District Attorney Mike Fields said probation is an effective and
appropriate punishment for many first-time drug offenders.

"The system's capacity is too overburdened to incarcerate non-violent drug
offenders who possess small quantities of drugs," he said. "Probation is a
way to hold offenders accountable while also trying to address any factors
that have contributed to their criminal behavior."

Substance abuse treatment and random drug testing often are conditions of
probation in drug cases, Fields said.

"For the right type of offender, probation is a very effective punishment
that serves public safety interests while also addressing the underlying
causes of the criminal conduct," Fields said.

Another question that must be answered in cases involving probation is
whether an offender will receive a suspended or deferred sentence.

Neither require jail time, but defense attorneys prefer deferred sentences.

"Next to an outright dismissal of the case, a deferred sentence is what most
defense attorneys want for their clients," attorney Grant Lucky said, "since
it is not a conviction and the case will be dismissed and the court record
expunged if the defendant successfully completes his or her probationary
period."

A suspended sentence counts as a conviction.

Both types of sentence can be revoked if offenders violate the terms of
their probation.

In such instances, prosecutors file an application to revoke probation and a
judge decides if the allegations against an offender are sufficient to do
that.