If you are charged with a crime, the biggest question on your mind is, “Am I going to jail?” The attorneys at Wallin & Klarich have helped keep people out of jail for the past 30 years. One of the primary tools to do that is probation.
For some criminal convictions, a judge may decide to impose probation rather than a jail sentence. Probation comes with restrictions and conditions. If you fail to meet those conditions, the court may choose to revoke or modify your probation.
What are the main things a judge considers in granting probation?
The criminal justice system has three different goals. One goal is to punish offenders. Another is to deter future offenders. And finally, the criminal justice system hopes to rehabilitate offenders.
Probation is a tool for rehabilitation. Courts and judges see it as a way to send an offender back into the community, but also keep an eye on him or her. Under California Rules of Court rule 4.414, when deciding whether to grant probation, the judge will consider facts about you and your alleged crime.
Facts relating to the crime
When deciding whether to grant probation, the court will first look at the nature, seriousness, and circumstance of your alleged crime. The judge will compare your circumstances to similar instances of the same conduct. Then the judge will get more specific and consider things such as:
• Whether you were armed
• The vulnerability of the victim
• Whether the victim suffered injury
• The degree of any monetary loss to the victim
Facts relating to you
Then the judge will consider facts about you. Primarily, he will consider your prior criminal record. The judge will look at your prior criminal convictions. Then the judge will look at:
• Your prior performance while on probation or parole
• Your willingness and ability to complete the terms of your probation
• If you are remorseful
• And the likelihood that you can live successfully in the general community
If you are facing a felony charge, probation is one of several options that can keep you out of jail. However, you need an experienced felony lawyer on your side, who can argue the facts of your case. The attorneys at Wallin & Klarich have over 30 years of experience helping people facing a felony charge receive probation. With offices located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks there is a Wallin & Klarich attorney available wherever you happen to live. Call us today at (888) 280-6839. We will be there when you call.