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Probation for 15 Year Sentence

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September 16, 2021, 11:06
suzannewest
Probation for 15 Year Sentence
I see where a jury cannot give probation to a sentence longer than 10 years, but in cases of drug possessions where the amount makes the minimum 15 years, can the judge give probation? If not, where is that?
September 16, 2021, 11:16
Frank Lacy
When the minimum sentence is 15 years, that sentence is not eligible for probation. If you are determined to sentence the defendant to probation, then the plea could potentially be to a lesser included offense (lower weight) that would not have the same minimum sentence.
September 16, 2021, 12:08
suzannewest
That's what I'm thinking the only options might be, if probation is the route. Thanks much.
September 16, 2021, 13:32
Hubert
Suzanne,

you can put him on deferred. That way, you don't waive the 15 year minimum. HFO can go on deferred also, although I advise Defense Attorney's against it even when the Defendant asks for it....
September 16, 2021, 13:49
suzannewest
HFO?
October 05, 2021, 13:05
Robert S. DuBoise
HFO=Habitual Felony Offenders

25-99 or Life cases.
April 06, 2022, 10:47
James
CCP 42A.053 (c) (1)

I agree that the judge could defer a finding of guilt and place on deferred probation. (just not straight probation)