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?
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.
That's what I'm thinking the only options might be, if probation is the route. Thanks much.
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....
HFO=Habitual Felony Offenders
25-99 or Life cases.
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)
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