Pubdate: Sun, 4 Aug 2002 Source: Enid News & Eagle (OK) Copyright: Enid News & Eagle 2002 Contact: http://www.enidnews.com/ Details: http://www.mapinc.org/media/2012 Author: Jay F. Marks DECIDING THE BEST CASES FOR PROBATION "What sticks in our minds about crimes are the aggravated situations - violent crimes, repeat offenders and drug manufacturers or traffickers," District Attorney Cathy Stocker said. "Most crimes ... are property offenses of one sort or another." Stocker said the majority of those offenders don't pose a great risk to the community because they are unlikely to commit further crimes. "Probation can be an effective punishment when used appropriately," she said. "Probated sentences hold an offender accountable for his crime and can impose a variety of sanctions, which are reinforced by the threat of incarceration. "An offender knows he could be incarcerated if he does not comply with the rules of probation." Court-ordered probation can include provisions for restitution to the victim of the crime; community service; appropriate drug, alcohol or mental health treatment; payment of fines and costs associated with the court case; and accountability to a probation officer for the offender's whereabouts and behavior, Stocker said. Everyone sentenced to probation also must obey all local and state laws, avoid contact with convicted felons and abstain from drugs and alcohol. Assistant District Attorney Tim S. Braley said most provisions for offenders on probation are meant to ensure they don't end up committing further crimes. "Unfortunately, however, many who are granted a chance to comply with the law and court rules do not take advantage and only end up right back where they started," he said. Braley said there is no short answer to determine if probation is appropriate in a given criminal case. "In many respects, a probationary term serves a punitive purpose as it restricts otherwise unrestricted conduct," he said. "Imagine requesting permission to leave the county or being required to provide a urine sample on demand or a rule that mandates you allow an officer into your home for inspection upon his request." Braley said prosecutors consider a myriad of factors in deciding if probation is a proper punishment. Considerations include the seriousness of the crime, criminal record of the offender and availability of meaningful community-based services, he said. Prosecutors also weigh the strength of the evidence in each case and the condition of their witnesses. "For instance, there is incentive to avoid putting a child witness through the rigors of a trial if adequate sanctions and structure can be had through a probative term," Braley said. Assistant District Attorney Mike Fields said probation is an effective and appropriate punishment for many first-time drug offenders. "The system's capacity is too overburdened to incarcerate non-violent drug offenders who possess small quantities of drugs," he said. "Probation is a way to hold offenders accountable while also trying to address any factors that have contributed to their criminal behavior." Substance abuse treatment and random drug testing often are conditions of probation in drug cases, Fields said. "For the right type of offender, probation is a very effective punishment that serves public safety interests while also addressing the underlying causes of the criminal conduct," Fields said. Another question that must be answered in cases involving probation is whether an offender will receive a suspended or deferred sentence. Neither require jail time, but defense attorneys prefer deferred sentences. "Next to an outright dismissal of the case, a deferred sentence is what most defense attorneys want for their clients," attorney Grant Lucky said, "since it is not a conviction and the case will be dismissed and the court record expunged if the defendant successfully completes his or her probationary period." A suspended sentence counts as a conviction. Both types of sentence can be revoked if offenders violate the terms of their probation. In such instances, prosecutors file an application to revoke probation and a judge decides if the allegations against an offender are sufficient to do that. - --- MAP posted-by: Josh