In some cases, a misdemeanor or felony will result in probation rather than jail time. It’s a preferential sentence since it allows defendants to make restitution while maintaining their freedom. For those new to this process, the guide below will answer the most common questions.

Common Questions About Probation in Ohio

What are the terms of probation? 

Defendants will have to meet with a probation officer once a month or more. If the misdemeanor or felony involved alcohol or controlled substances, defendants might have to submit to random testing. They may also have to attend related classes and counseling sessions. 

Frequently, those on probation will need to fulfill set hours of community service and pay fines or restitution. 

Depending on the court’s decision, Ohio probation can last up to five years. 

What are the different types of probation? 

Non-reporting probation is the least restrictive. The defendant will only have to meet with their probation officer once and likely need to perform community service. 

Reporting probation involves regular meetings with an officer. The defendant will likely have to submit to random drug and alcohol testing. Unannounced inspections of their residence are also standard. 

If the defendant is at a high risk of re-offending, they’ll be given intensive probation. It involves frequent meetings with a probation officer and special conditions and restrictions based on the defendant's offense. 

What happens at probation meetings?

In the first meeting, the probation officer will explain the conditions of the sentence. Defendants may have to submit to random breathalyzer and urinalysis tests. In subsequent meetings, the officer will help the defendant keep track of their progress in fulfilling the probation’s terms. 

What happens if the probation is violated?

The terms of probation can be violated in several ways. If the defendant is caught committing a crime, associating with those involved in criminal activities, carrying a weapon, or visiting a place selling drugs or alcohol, they would violate the agreement. 

The court may also place sanctions on where the defendant can go. They may not be allowed to leave the county, city, or state. If they are caught outside of their designated limits, they’re violating their probation.

If the probation is violated, a hearing is convened. If the defendant is guilty, they can be subject to additional community service, further counseling, or jail time. 

Many who are accused of a misdemeanor or a felony don’t appear at their hearing because they can’t afford the court cost or fine. However, courts will often work with defendants to reach a mutually beneficial agreement. By skipping the hearing, the court will issue an arrest warrant. In practice since 2002, James F. Bogen, Attorney at Law, has given his clients individualized attention and developed customized strategies to help see them through the legal process. Visit his website for more information on his practice areas. If you’re in the Cincinnati, OH, area, schedule a consultation at (513) 503-7251.