Probation Officers have a lot of power over their clients. They are the ones that determine when a probationer will be released from jail or prison. Probation is a period in which someone has punishment given to them.
In the United States, a probation officer can extend your probation. Whether a probation officer can extend your probation depends on the type of probation you are on, the terms of your probation, and the underlying crime. Here is a blog about Can a Probation Officer Extend Your Probation?
Probation officers are people who help individuals prepare for release from correctional institutions by providing supervision, making recommendations, and providing other assistance until they are released.
Probation officers could also interfere with release dates, though this is not the focus of their duties.
To understand how a probation officer can extend the probation, it is important to understand the role and the limitations of a probation officer.
Can a Probation Officer Extend Your Probation? (Explained)
A probation officer is a person who is responsible for supervising the behavior of an individual who is in prison.
A probation officer can extend the probation of the person he is supervising. Probation officers can extend the probation of a person who is being supervised under the conditions of a “conditional discharge.”
There are different types of conditional discharges. A conditional discharge is a form of punishment. After serving a jail sentence, a person must complete a community service program, treatment, or both.
If a person does not complete the required community service or treatment, he could be punished with additional jail time or a fine.
What is Probation?
Probation is a kind of punishment that is given to a person who is guilty of a crime. While in prison, a person may be punished by being given a conditional discharge.
While on conditional discharge, a person is still under supervision by a probation officer. The probation officer can make rules for him to follow. To comply with those rules, he has to abide by certain conditions.
A probation officer can extend the probation period of a person on conditional discharge. In this case, the probation period will be extended for a limited period.
A person who receives a conditional discharge after serving a jail sentence can be sentenced to a maximum of two years of probation.
There are numerous goals for probation:
- Retribution for the crime (justice)
- Change the offender (change)
- Stop recidivism (no more crimes)
- Each offender may be subject to a varied set of conditions depending on the nature of the probation.
- The court determines the length of probation when the court delivers the verdict and sentence.
The Authority and Control of the Probation Officer
What the probation officer (PO) may and cannot do is governed by the probation order, the probation terms, and the statutory authorities provided to the probation officer.
The probation officer assigns the defendant obligations, such as checking in with him or seeking counseling or treatment, that must be completed.
The PO might also aid the offender in getting the services he needs to survive while serving his probation.
The probation violation procedure poses the biggest threat to the probation officer’s ability to keep the offender on track (PV).
In a PV, the probation officer submits/sends a report explaining the particular judgment order that the offender has broken as well as the evidence that supports the PO’s finding that the violation took place to the prosecution and, depending on the jurisdiction, the court.
The prosecutor’s office files a PV action, a warrant is granted, and the defendant is hauled before the judge responds.
The court has many choices if the defendant admits to the accusations or if the accusations are validated:
- The court can discipline the defendant (meaning give him a punishment) to urge him to follow the rules, such as putting him in jail for a brief term or requiring community service or road work.
- The court can do nothing, giving the defendant another chance (usually trash clean-up)
- Change the probation’s conditions (adding some new restrictions or making them more specific)
- Completely canceling the probationary period and giving the offender a straight jail sentence
Who has the authority to alter the probationary period?
Court orders and legal authorities granted the only authority to the probation officer.
The judge’s ruling often sets the length of probation (read aloud by the judge in open court).
Generally speaking, extending probation is equivalent to overturning the court’s decision. In most cases, no one (including a police officer, court clerk, lawyer, probation officer, prison officer, or counselor) has the authority to overturn a court’s decision. Only the judge has the authority to modify the probationary period (extend or shorten it).
Despite this, the probation officer (as well as the prosecutor) may submit motions asking the judge to modify the probationary period. Most states’ legislation on probation extensions provides judges a lot of latitude in deciding whether to extend probation.
It makes every circumstance highly fact-specific. It is challenging for lawyers to state “Yes, this is a sure thing” vs. “no, the judge won’t prolong it” due to this broad discretion.
Should a Defendant Request a Probation Extension?
Depending on the extension’s intended use. It seems like a reasonable idea if the extension is meant to assist the offender in completing probation.
There are times when there is simply too much to do, and life interferes. An extension may be the best course of action if failing probation (and receiving jail time as a result) is the alternative.
It might not be ideal for the defendant if the objective of the extension is simply to monitor him for a more extended period.
If the defendant has satisfied all other court-imposed obligations, the probation officer must have sufficient cause to request an extension.
It is a wonderful moment to involve a defense attorney with PV hearings experience in the case if the defendant has fulfilled everything and the probation officer still requests an extension.
Final Thoughts
We hope you enjoyed reading our article Can a Probation Officer Extend Your Probation? A probation officer can extend a probation sentence either by adding an extra period to the original sentence or by extending the probation period by adding further conditions to the original sentence.
If you have been given the specific question of how long a probation officer can extend your probation, the answer would be that they cannot extend the probation period beyond its original length. Thank you for reading. We’re always excited to hear from our readers.
