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Criminal procedure

court-ordered community service

In a state court criminal prosecution, the judge may order a defendant to perform court-ordered community service—often in conjunction with an alternative sentence such as probation, pretrial diversion, or deferred adjudication.

Similarly, in the federal courts, community service is not a sentence, but a special condition of probation or supervised release. The probation officer’s presentence report—which the court relies on in choosing a fair sentence—may recommend that the court require community service. The court usually requires that the offender complete a specified number of hours of community service (usually from 100 to 500) within a given time frame (usually not to exceed one year).

Court-ordered community service may be related to the underlying criminal offense. For example, a defendant charged with driving while intoxicated (DWI) may be ordered to complete court-ordered community service by volunteering with Mothers Against Drunk Driving (MADD) or giving speeches to young adults on the dangers of drinking and driving.

In Texas, judges in state court criminal prosecutions have the authority to order defendants to perform court-ordered community service. This can be part of an alternative sentence such as probation, pretrial diversion, or deferred adjudication. The community service is often tailored to be related to the nature of the offense, such as requiring individuals convicted of DWI to volunteer with organizations like Mothers Against Drunk Driving (MADD) or to engage in educational outreach. Similarly, at the federal level, community service is not a standalone sentence but can be imposed as a special condition of probation or supervised release. The probation officer's presentence report may suggest community service, and the court can mandate a certain number of hours to be completed within a specific timeframe. The goal of such community service is both punitive and rehabilitative, aiming to benefit the community while also providing a learning experience for the offender.


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