Legal Question in Criminal Law in California

That depends. What did you do? What were you convicted of? What reasons did the probation report give for its recommendation? What sentence does your lawyer think would be appropriate?

All you have said is that probation recommended five years and that you disagree. That's just not enough information.

It is impossible to supply you with any accurate information without any facts. You have not provided any facts in your question. Generally, Judges tend to follow probation's recommendations. However, there are many exceptions and Mr. Hoffman's reply was well said. It all depends on your specific situation and the facts surrounding what happened. You may wish to discuss this with your attorney. Good luck

Judges generally follow the recommendation of Probation. It is up to your attorney to argue and persuade the judge differently if he has anything to present in your favor.