Can a defendant be denied probation because of a prior criminal conviction?

California, United States of America

The following excerpt is from People v. Hurley, 144 Cal.App.3d 706, 192 Cal.Rptr. 805 (Cal. App. 1983):

"Present law prohibits dual punishment for the same act (or fact) but permits that fact to be considered in denying probation. People v. Edwards (1976) 18 Cal.3d 796 [135 Cal.Rptr. 411, 557 P.2d 995] (prior felony conviction, an element of the offense, also brought defendant within former 1203(d)(2) limitation on probation to persons with prior felony convictions), citing People v. Perry (1974) 42 Cal.App.3d 451, 460 [116 Cal.Rptr. 853] and other cases.

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)

When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)

When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)

In what circumstances will a defendant who shot and killed a police officer while on probation be allowed to deny that he had a history of prior criminal convictions? (California, United States of America)

Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)

What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)

What is the test for an increase in the maximum sentence for a criminal conviction where the crime was committed prior to the criminal conviction? (California, United States of America)

Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)

Does a defendant have forfeited the issue of motive under section 1101, subdivision (b) of section 1103 of the Criminal Code for failing to provide evidence that the victim's prior criminal convictions would have bolstered his claim of self-defense? (California, United States of America)

Can a reduction of a criminal conviction to a criminal charge change the nature of the criminal conviction? (California, United States of America)

Can a defendant be denied probation because of a prior criminal conviction?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources