Many criminal cases are resolved by plea agreements between the district attorney’s office and defense attorney. These plea agreements may be drawn out for months and require multiple court dates for the two sides to finally come to an agreement. After all the time and energy spent on a plea agreement, some defendants have the unfortunate experience of having the Department of Probation recommend a harsher sentence.
Typically, after a person enters a plea of guilty, and probation is a term of their plea agreement, the Department of Probation will prepare a probation report. In the report, a probation officer will state whether they believe the sentence and probation is appropriate. In making their determination, the probation officer will look at the circumstances of the crime, as well as whether the individual was on probation at the time of the offense.
Judges have wide discretion in sentencing when the recommendation from probation differs from what the district attorney and defense attorney agreed to. The judge has the discretion to either follow the often harsher sentence recommended by probation, or to accept the agreed upon plea agreement. Having an aggressive criminal defense attorney is extremely beneficial in trying to convince the judge to disregard probation’s recommendation. An experienced San Diego criminal defense attorney can appropriately determine what factors would be helpful in convincing the judge not to impose a harsher sentence.
If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.
Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 888-280-6839 or go to our website at wklaw.com for more information.