Background re: Plea Agreements and Waiver Forms If your attorney is unable to convince the Court or District Attorney that the charges against you should be dismissed, and going to trial or a contested hearing is not an advisable option for your case, it is not uncommon for a case to resolve in a negotiated…
What is Probation? Probation is an agreement by the defendant in a criminal case after either being convicted after trial, or entering a No Contest/Guilty Plea, to abide by certain terms imposed by the Court, to avoid a sentence of County Jail (misdemeanors and certain felonies), or Prison (all other felonies). Terms of probation can…
A Shift Away from No-Bail for those Accused of Violating Felony Probation When someone is placed on Probation, they avoid going to prison or a commitment to County Jail by agreeing to participate in a Court-ordered program that includes terms and expectations that is a part of their grant of Probation. If you violate…
What is an Arrest Warrant? An “arrest warrant” is a legal basis for a person to be arrested and be held in custody. There are several types of arrest warrants, that derive their authority from different sections of the Penal Code. The most common types of arrest warrants in California include: A warrant for arrest…
After a person pleads guilty, no contest, or is convicted after trial, “probation” can be granted at sentencing instead of an order committing a person to county jail or state prison, either under the supervision of a probation officer (“formal” probation), or subject to conditions established by the court without the supervision of a probation…
Before 2011, felonies in which a defendant was denied probation required that the term of imprisonment be served in the State Prison system. County Jails were for those sentenced to only misdemeanor offenses, or those awaiting trial or sentencing on felony matters. However, after the 2011 “Realignment”, Penal Code section 1170(h) created a new subset…
