[drifter]

Can probation be imposed for a nonincarcerable offense?

[Fr_Chuck]

Can probation be imposed for a nonincarcerable offense?

Well first almost any offence could lead to jail time it is just that most will not and do not.

For example, you litter, and get a 50 dollar fine, you don't have 50 dollars so you don't pay it, you could be found in contempt of court for not paying and put in jail. Not likely but legally possibe.

For example in the wonderful city in south GA where I came from, all traffic court is handled though a private probation company, so if you speed, if you run a red light and can't pay the fine the day of court, they place you on a number of months probation till you pay the fine.
Of course the costs double or triple if you go on probation, since for a 100 dollar fine for example, the probation costs are 30 dollars a month before anything goes onto the fine. So if you pay 50 dollars a month, it takes 5 months to get off probation.

So if you go back to court for not paying, you have a probation violation, and a contempt of court ( two new charges)

Also most laws are either felonies or misdemeanors, although some are just ordiances. By general nature unless the law specifies a specific punishment any misdemeanor ( at least in GA) can be punished by up to 1000 fine and up to one year in jail. That is why many laws such as traffic have specific punihsments listed for them.

If you list any specific crimes you are talking about it may help, and of course the county, and if the US the state.

I am using my state in the US for example

[excon]

Hello drifter:

Interesting question. Of course, I have no idea what the answer is, but I have an opinion.

It would seem to me, that you can't be placed on probation for a non-incarcerable offense. I'm not sure what those would be anyway. Are you talking about infractions (like jay walking)?

In any case, if they can't put you in jail for the underlying offense, it would seem to me that they couldn't put you in jail for a probation violation. And, if they can't put you jail for violations, then you could tell your PO to stick it.

Actually, that would be fun. Everybody would do it too, so that probation wouldn't work.

Having said that, bureaucrats love to do stuff that doesn't work.

excon

The above is not legal advice because I’m not a lawyer. I’m an exconvict. If you take my advice and then decide to sue me for malpractice, good luck.

[magprob]

Probation is an alternative to incarceration.:eek:

[Fr_Chuck]

If you would tell us what law of what violation you are talking about, it may help

[DrJ]

No, you cannot be put on probation for a nonincarcerable offense.

However, like Chuck said, a nonincarerable offense CAN LEAD to probation.