Legal Question in Criminal Law in California
probation instead of jail time
if you have been charged with a 211 can u do probation instead of time ?
2 Answers from Attorneys
Re: probation instead of jail time
Probation for robbery? It's theoretically possible, one of those camel-through-the-eye-of-a-needle things.
Re: probation instead of jail time
Possible but I would be lying to you if I said it would be easy. Robbery is a serious crime but if there are some strong mitigating circumstances and the defendant played a minor if not accidental role . . . who knows.
Also, keep in mind that probation can involve time, except it would be up to 365 days in county jail rather than serving full sentence in state prison.
One option to get probation and avoid state prison would be to spend significant time in custody while the case was going on, then waive time credits and get probation with 365 days in county.
The defendant needs to brainstorm these possibilities with his/her lawyer.
Hope this helps.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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