Probation is totally discretionary and is granted by a judge to a person convicted of a crime. Probation allows that person to avoid incarceration in exchange for agreeing to comply with the terms and conditions of probation. Examples of probation terms can include making restitution to the victim and attending rehabilitation. Probation often requires that the person violate no law. A violation of probation can result in the person being sent to jail for the term the defendant would have received had probation not been granted.

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