You are placed on Probation by the Judge to ensure that you comply with the Court's orders. Upon sentencing, your case is referred to the Probation office for assignment to a Probation Counselor. At that time, the police report is ordered, a file is made and an appointment letter is sent to you along with a questionnaire which you need to fill out completely and bring to your first appointment. At the time of your appointment, the Probation Counselor assigned to your case will review your criminal history, obtain background information, review the incident and your court ordered requirements.
You will be meeting with your assigned Probation Counselor on a regular basis. We believe in the team approach and work closely with treatment providers to ensure compliance with the Court's orders.
Generally, your requirements are to get an evaluation, follow all recommendations of that evaluation, have no new law violations, report to Probation as directed and to pay your fees and fines in a timely manner.
If you fail to comply with any of these conditions, Probation will file a petition alleging a violation of the requirements which will result in your appearing in Court to provide an explanation as to why you are not doing what you were supposed to do.
Failure to show and provide adequate explanation to the Court for non-compliance can result in the imposition of a portion or all the suspended jail time on your original sentence.
Deferred Prosecution DUI
A deferred prosecution is a privilege granted by the State Legislature. You will be on probation for five years. This program provides an opportunity to obtain treatment and have this charge removed from your criminal record.
As a condition of the deferral, you must successfully complete a two year treatment program consisting of 72 hours of intensive outpatient treatment (or appropriate inpatient treatment), six months of weekly aftercare with the remaining time on monthly monitoring both by the treatment agency and the probation office. You will also attend two self-help support groups on a weekly basis (AA, NA, RR, etc).
In addition, you are forbidden to drink any alcohol or even be in possession of it. You cannot be in bars, taverns or lounges or places where alcohol is the chief item of sale, even if you are not consuming alcohol. You will pay a fee of $1,530, at the rate of $50 per month. This must be paid in full before the order of dismissal on the deferred prosecution is signed.
A conviction for this offense may require that you obtain an evaluation to determine the length of time needed for an anger management class. The treatment provider will conduct an assessment to make the determination whether you enter a 12 or 20 week anger management class.
In addition, you will need to comply with the same general requirements for other offenders placed under Probation supervision as noted earlier in this brochure.
Assault IV Domestic Violence
As a result of a conviction or guilty plea on this type of charge, you may be ordered into a year domestic violence perpetrator program. This program consists of weekly counseling sessions and depending on your assessment can last up to 18 months.
If a no contact order is in effect, you must be in treatment and the victim should have participated in a victim awareness class in order to request a lift of the no contact order.
Fines are an element of the sentence that are separate from, and are not to be confused with, your probation fees.
Payments are not collected at the Probation Office. All payments are to be made at the District Court.