• Judges of the district or county court order probation in some juvenileand misdemeanor cases.law courts image by Peter Helin from Fotolia.com
  
  The intention of probation is to allow those who commit crimes circumstantially or who cooperate with the courts to avoid fees and jail time. Instead, the person convicted of a crime must live in the community under close supervision of a probation officer. In Idaho, the trial court judge holds the power to suspend sentences and fines or withhold judgement completely and grant probation for all crimes except murder and treason.
  
  

Sentence Suspension

• According to Idaho Statute 19-2601, a judge may suspend a sentence following judgement. The judge may order the defendant to submit to probation in lieu of a sentence of imprisonment and fines. The statute further states that the judge may order probation "under such terms and conditions as it deems necessary and expedient." The statute provides judges extensive leeway in the ordering and conditions of probation. If the defendant does not comply with probationary conditions, he must serve the suspended sentence.
  
  

Withholding Judgement

• A judge may withhold judgement completely. In this case, the defendant receives no conviction. Rather, the judge agrees to withhold conviction under whatever conditions she deems appropriate. If the defendant complies with the probationary conditions, the judge will dismiss charges against her. If the defendant does not comply with probationary conditions, judgement will continue.
  
  

Period of Probation

• According to Idaho Statute 19-2601, probationary periods resulting from misdemeanor charges may not exceed two years. Probationary periods resulting from felony charges may not exceed the maximum amount of time that the judge might have sentenced the defendant to jail or prison.
  
  

Probation Recommendations

• The Department of Corrections is expressly forbidden to call a hearing for probation, or to recommend probation in a court of law. The only exception lies in probation recommendations attached as an addendum to the presentencing report. Idaho Statute 19-2601 states that "probation is a matter left to the sound discretion of the court".
  
  

Probation Fees

• The state Board of Corrections determines the fees that the probationer must pay to offset the costs of probation officer training and supervision. Idaho State Statute 20-225 states that this fee shall not exceed $50 monthly. If the probationer fails to pay, he may be removed from probation and returned to court sentencing. The Board of Corrections may forgive failure to pay if the probationer has made ample attempt to find employment or if the offender suffers from a handicap preventing employment.