559.012. Eligible for probation, when.
Explains when a judge can allow probation instead of jail
The court can place someone on probation—either after a conviction or by suspending their sentence—if two main conditions are met based on the person’s background and the crime itself.
1. Institutional confinement of the defendant is not necessary for the protection of the public.
2. The defendant is in need of guidance, training or other assistance which, in his or her case, can be effectively administered through probation supervision.
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