Unsupervised Probation: What Is It and How Does It Work?

Published June 29, 2024

What Is Unsupervised Probation?

Unsupervised probation is a form where reporting to a probation officer does not exist. Instead, you are released into the community, as opposed to incarcerated, after a criminal conviction. Here, you report to either: 

• The court
• A private company under contract with a state’s Probation Department 

On the contrary, ordinary probation in criminal cases is where an offender.

• Is released into the community and 
• Is under the control of a probation officer 

Who Is Eligible for Unsupervised Probation?

There is a higher chance of granting unsupervised probation if convicted of a non-violent, low-level felony or misdemeanor. It is also the case if you are a first-level offender. 

That said, supervised probation may still be possible in place of jail time for those not granted unsupervised probation. 

You can heighten your chances of probation by acting between your arrest and sentencing. Actions that can increase your case of securing probation include: 

• Supporting your family
• Being active in your community
• Maintaining awarding employment
• Voluntarily submitting yourself for professional chemical and mental health assessments. Completion of any program recommendations. 

Conditions of Unsupervised Probation

Probations of either type carry certain conditions you must meet to stay out of jail. These conditions differ depending on the nature of the crime. 

• Maintaining a curfew
• Not contacting the victim 
• Acting in community service
• Allowing home or employer visits 
• Submitting to random drug or alcohol testing
• Ban the use, sale, or possession of alcohol and drugs
• Abiding to search and seizure of property or vehicle 
• Not contacting any people who are convicted of crimes
• Not possessing any type of weapon or firearm 
• Attending counseling, i.e., anger management or alcohol counseling 
• Not leaving the state without securing written permission from a probation officer
• Wearing a tracking device such as an ankle monitor 

What Do You Have To Do While on Unsupervised Probation?

Like supervised probation, you must still comply with specific terms and conditions. Depending on the facts of the case along with the criminal charges one is convicted of, these are the things you have to do while on unsupervised probation: 

• Make all court appearances, render the court with progress reports
• Not committing a new offense
• Settling fines
• Performing community service 

Advantages of Unsupervised Probation

Unsupervised probation presents numerous advantages for low-level misdemeanor offenders. One significant benefit is the potential cost savings for offenders. They no longer have to reimburse supervision fees for meeting a probation officer, which can ease financial burdens for individuals who may already be facing difficulties due to their legal situation. 

In addition, its terms are generally less severe than those of supervised probation. Unsupervised probation provides individuals with more flexibility and freedom in their daily lives. It may involve fewer restrictions on travel or association. It allows individuals to carry on their routines with minimal disruption. It has a more relaxed nature. 

Additionally, not having to meet with a probation officer offers independence and autonomy. This can be advantageous for those leading busy lives or living in areas with limited access to probation officers.

Is Probation Better Than Going to Jail?

Probation is by far preferable to a jail sentence for nearly everyone. Even though you are required to abide by specific rules and restrictions, you can remain in the community. Also, they want to maintain far more freedom than those in jail. You get to preserve employment and spend time with your loved ones.