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WHAT IS PROBATION?
Probation is an alternative to incarceration. The Judge will determine the length of probation and the terms of probation, in addition to the Court’s Standard Terms of Probation at sentencing. The court may require drug/alcohol treatment with 12 step meetings, electronic house arrest, ignition interlock, community service, anger management or other terms designed to provide structure and rehabilitation. These terms are not optional. It is the policy of this Court and the Probation Department to require strict compliance with the probation requirements. Probation is a privilege to stay out of jail.
The purpose of the Newton Falls Probation Department is to monitor and document the behavior, progress, successes and failures of our clients; to recommend a broad variety of services and assist our clients in recovery; to enforce the rules and orders of the court; to balance the needs of our clients with the safety and security of the communities we serve.
Our mission is to professionally and respectfully provide our clients with whatever skills and tools they need to make positive, life changing decisions that will not only impact themselves, but also their families, friends and, ultimately, society as a whole. We will accomplish this goal by providing our clients with a structured environment conducive to change and lifelong skills and tools that will assist in their recovery. This will give our clients a sense of personal achievement and pride in their accomplishments.
WHAT IS HOUSE ARREST?
In some cases the Court will order that a Defendant be placed on electronic monitored house arrest with privileges to leave the house for certain activities such as work and treatment. In most cases, the house arrest conditions will also include an alcohol monitor by which the probationer is required, when called to use the equipment to demonstrate that he or she has not consumed alcohol. The equipment and service is paid for by the probationer and includes an ankle bracelet to provide confirmation of the probationer’s whereabouts.
WHAT ARE THE COURT’S STANDARD RULES OF PROBATION?
A probationer will receive a copy of and have explained when probation begins the basic rules. Some of these include a prohibition against use of alcohol or unprescribed drugs, a curfew, reporting dates, refraining from criminal activity, and compliance with any agreed payment schedule for the probationer’s fines and costs. A basic copy of these rules is included in this website.
HOW DO I OBTAIN DRIVING PRIVILEGES IF I AM ON PROBATION?
A probationer must first receive the approval of the Probation Department to file the necessary petitions and filing fees to make application to the Judge for approval. In many cases, he or she must first show compliance with all other BMV requirements before privileges will be granted, along with compliance with any drug and alcohol treatment that has been ordered as a part of probation.
WHAT ARE THE HOURS OF THE PROBATION DEPARTMENT?
Monday: 1:00 PM – 4:00 PM - except the 3rd Monday of each month, then hours are 1:00 PM - 6:00 PM
While probation personnel may be present in the court at other times, they are not available for reporting, as they are signing up new probationers during court sessions.
WHAT HAPPENS WHEN A PROBATIONER VIOLATES PROBATION?
When the probation Department becomes aware of a potential probation violation, they will issue a notice to appear for a violation hearing unless the court orders that a warrant be issued. The notice will include a date and time for hearing and the specific violation that is alleged.
A hearing is conducted before the Judge where the probationer enters a plea and the matter is heard or set for a later date. Bond may be required if a later date is set.
If a probationer is found guilty, the Judge may impose the balance of suspended jail time and/or fines. The Judge may also “stay” the jail time on specific conditions, extend probation, add additional requirements or restrictions to the probation conditions such as house arrest, treatment or community service.
The failure to appear for a probation violation hearing will result in the issuance of a warrant for the arrest of the probationer and a warrant block on driving privileges, vehicle registration and a suspension of an operator’s license.
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