Probation report

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Question

Country: United States of America
State: California

I was reading through my husbands probabtion report. I am confused about a few things: Plea negotiations: people recommend a top of 32 months, concurrent with parole violation. The Tahl Waiver indicates an agreement per 1192.5PC, which notes a top of 32 months concurrent with parole violation and no agreement whether defendant can bring Romero motion or not. Prior prison term pursuant to 667.5(b)PC dated 02/10/00 stricken, dismissed with a Harvey Waiver. So, he hasn't been sentenced yet, but he signed a deal saying that he agreed to the 32 months. This is where I get really confused. Probation/Parole History: Conditional Sentence: the defendant was granted conditional sentence in 2004 following a petty theft conviction. He was on this grant when the instant offense was commited. So, does that mean that he has to serve a "conditional sentence" as well as the 32 months that he just signed for in court. I don't understand what a conditional sentence is. Do they usually run it concurrent with the sentence that they get or I dont know. I'm so confused PLEASE HELP! Also, if he already signed a deal with the "people" agreeing to the 32 months can they go back on the deal and give him a bigger sentence? He just got accepted to TASC and is trying to get into a drug rehabilitation program, if he has a "conditional sentence" does that mean that he can't go into a residential treatment center and he has to go to prison? I am so confused. Your help and urgent response is much appreciated.

Answer

Normally we recommend you first consult the probation office and/or DA--they will tell you exactly what it means--otherwise we normally need to see the entire report and file as conditions do vary substantially...