Sentencing and Probation in Orange County
When someone is convicted of a crime in California, the traditional approach is incarceration, probation (supervised release in the community), or a combination of the two. A violation of probation can result in extended jail time, community service, or fines; repeat offenders may be subjected to harsher penalties.
If you are facing probation, Law Office of Michael L. Guisti can help. Attorney Michael L. Guisti has years of experience, and he is an award-winning trial lawyer who is recognized for his hard-hitting defense representation. His notable accomplishments include The National Trial Lawyers: Top 100 Trial Lawyers, and the 10.0 "Superb" Avvo Rating.
The purpose of summary "misdemeanor" probation is to hold offenders accountable for their actions, to provide redress for victims, and to rehabilitate offenders. Judges have broad discretion when it comes to probation conditions for misdemeanor convictions, however, they must be reasonable and appropriate for the offense committed. Misdemeanor probation typically lasts between one and three years, though it can last up to five years.
When one is convicted of a felony and placed on felony probation, the court is allowing him or her to serve their sentence in the community instead of in prison; however, felony probation may include incarceration. Felony probation or "formal probation" typically lasts between three and five years. If you violate any of the terms of your probation, the judge can revoke the probation and send you to a California state prison to serve out the original sentence.
Probation eligibility is based on the following factors:
- The nature of the crime
- If a weapon was involved
- The extent of monetary loss suffered by the victim
- Your criminal record
- Your willingness to comply with the terms of probation
- The effect imprisonment would have on any dependents
If you are granted probation, ask the court for a copy of the terms and conditions of your probation and sentencing. The court order will outline your conditions and the probation term. Be sure to stay in contact with your probation officer, and strictly adhere to all of your probation conditions. If you have any questions regarding your probation, be sure to ask your probation officer, or your attorney.
In the face of probation, you need a skilled Orange County criminal defense attorney who will effectively advocate on your behalf at the sentencing hearing. While the prosecution may argue that jail or prison is an appropriate punishment, Attorney Michael L. Guisti will be arguing the opposite, and fighting to keep you with your family where you belong.
Contact The Law Office of Michael L. Guisti to schedule a free consultation!
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.