During the deliberation of the case, the jury decides the guilt or innocence of the defendant, but the judge will determine the appropriate sentence if the defendant is found guilty. Upon a guilty verdict, a motion for New Trial might be filed with the court. A defendant may be sentenced to Probation instead of prison. However, he or she may be ordered to do some local custody time as a term of his or her probation. If a person violates their probation, they may be incarcerated.
Formal probation is when an individual is supervised by a probation officer.
Informal or summary probation is unsupervised. Lawyers argue about the proper term based on the facts of the particular case. The final word is within the judge's broad discretion. Sentencing modifications occur when part of a person's sentence becomes inapplicable to their case. In addition to any sentence imposed by the court, a conviction can have a number of independent consequences.