Criminal procedure

Probation

Probation is a sentence served in the community under supervision instead of in prison.

It is a sentence in its own right, not an early release. Federal probation typically runs one to five years with conditions similar to supervised release, and it is most common for lower-level offenses and defendants with little criminal history.

The word also names the office. The United States Probation Office writes presentence reports and supervises people on both probation and supervised release, so it appears on dockets in both roles.

On a docket, a probation sentence looks quiet until it is not. The case may sit closed for years and then generate a violation petition, a warrant, and a fresh round of hearings before the same judge. A term of probation can also include conditions that look like custody, such as home confinement, a curfew with location monitoring, or intermittent confinement on weekends.

How it appears on a docket

JUDGMENT as to Priya N. Shah (2): 3 years probation with 6 months home confinement, 200 hours community service, and $50,000 restitution.

Governing rule

18 U.S.C. Sec. 3561

Related terms

  • Supervised ReleaseSupervised release is a period of court-ordered supervision that follows a federal prison term, replacing the old parole system.
  • Pretrial ServicesPretrial services is the court office that investigates a defendant's background before the release decision and supervises them if released.

More on criminal procedure

See this term in a real case

Search federal court records and read the filings where probation actually shows up. New to federal dockets? Start with how to find a federal case.