A common sentiment that is often uttered by the criminal defendant is “Get me probation”. While that concept seems to have benefits on its face, the practicality of probation is far more difficult than what we one may initially think of the subject matter. Today, we will explore the subject with a textbook definition and hopefully provide an understanding of the term.
When we look for a definition of probation, “Black’s Law Dictionary” defines the topic as a period of supervision over an offender, ordered by the court instead of serving time in prison. In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences while in others, probation also includes supervision of those conditionally released from prison on parole. An understanding of the concept in Michigan presents a different view the norm because in our state we combine the above-stated definition into a very unique blend. To understand this in greater detail, we have sought commentary from leaders in the criminal law sector to obtain their perspective.
Scott Grabel is the founder of Grabel and Associates and has developed a law firm that is known as the strongest within the state of Michigan. When asked about probation, Grabel stated, “What the defendant has to understand is that probation presents them a great opportunity at freedom. Sometimes, in exchange for incarceration, a term of probation could be the prosecutor banking on the fact that the defendant will not meet their obligations and the punishment forthcoming could be worse than what was initially offered. As lawyers, it is our obligation to train our clients on how to behave at this level.”