Probation report

Ask a Lawyer

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...
References in periodicals archive ?
District Judge Michael Fanning ordered a probation report before sentencing.
The pair appeared again for sentence yesterday at Teesside Magistrates' Court, after they had been bailed from Thursday to have a probation report completed.
Appealing against his jail term, he claimed it was wrong to sentence him without a probation report first being compiled.
Daly was bailed until Wednesday at Prestatyn court, where a probation report will be sought.
Judge Grant adjourned sentencing until next month, pending a probation report and a victim impact report.
Investigators found a sales contract for the Lamborghini in a locker Max Wade kept, according to a Marin County probation report released this week.
The case was adjourned until May 22 for a probation report.
The probation report notes the incident and says it's under investigation by the police department, but the probation officer discounts the claim and gives it no weight saying no charges have been filed and Lohan has not been arrested.
A probation report had assessed Sutherland, who has convictions for sex offences including two rapes and four attacks on children, as "high risk", Portsmouth crown court heard.
He was remanded until Wednesday for a probation report with all sentencing options remaining open.
But sentencing was adjourned until a probation report can be completed.
He told Mr Andrews he should stress to Gascoigne he must cooperate with the preparation of a probation report before sentencing.