ABSTRACT
Probation is a type of sentence in which an offender is allowed to remain free in the community subject to court-imposed conditions and under the supervision of a probation officer. If the imposed conditions are violated, the probation may be revoked and the probationer is sent to jail or prison. Probation is a privilege, not a right. This means it is given at the discretion of the judge or jury as a matter of grace. A defendant cannot demand that the judge or jury grant probation, unless it is the penalty specifically imposed by law for his or her particular offense. Once given, however, probation becomes an entitlement, meaning it cannot be taken away without giving the probationer basic due process rights.
