Many people think that they will automatically be sentenced to jail time if they are convicted of a felony. That is simply not true. Our skilled criminal defense attorneys may be able to help you get formal felony probation instead of serving time in prison for a felony conviction. Our criminal lawyers have the experience it takes to mitigate the punishment, sentence and consequences of your felony conviction.
If you have no prior convictions, and the present felony offense was not a serious or violent felony, our attorneys can help you avoid a prison sentence by seeking a grant of formal probation.
Am I Eligible for Probation?
Formal probation is a privilege and not a right. We can investigate all facts and circumstances about your case to argue that you are a strong candidate for probation. Having the right attorney representing you makes a considerable difference in helping you avoid a prison sentence. The Wallin & Klarich criminal defense attorneys have over 30 years of experience successfully helping our clients obtain formal probation instead of a prison sentence. We can help guide you through the legal process and answer any questions you may have.
The court will look at several criteria when determining whether to grant you probation, including the facts relating to the crime and the facts relating to you. (California Rules of Court rule 4.414). Facts relating to the crime include:
- The nature of the crime;
- If the victim was vulnerable;
- Whether you inflicted personal or emotional injury on the victim;
- Whether you were an active or passive participant in the crime; and
- Whether you took advantage of a position of trust or confidence to commit the crime.
Facts relating to you include:
- Your prior criminal record;
- Your prior performance on probation or parole;
- Any negative consequences a felony conviction will have on your life;
- Whether you were remorseful for your actions; and
- Whether you will be a danger to others if you are not imprisoned.
In certain serious felonies, probation will not be available to you and the court must sentence you to a prison term. However, in the vast majority of cases, you will be eligible for probation and the court has the discretion to either grant probation or sentence you to a prison term. For more information about whether you are eligible for probation, contact a Wallin & Klarich attorney today.
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