What is the test for a probationary to determine whether a defendant has a right to exercise his constitutional right to a reduced sentence?

California, United States of America

The following excerpt is from People v. Maddox, D072879 (Cal. App. 2018):

^5. Probation is not an inherent right; it is an act of leniency (People v. Wardlow (1991) 227 Cal.App.3d 360, 365), the purpose of which is to serve as a "period of genuine rehabilitation" (Griffin v. Wisconsin (1987) 483 U.S. 868, 875). Probationers may consent to limit their constitutional rights in preference to incarceration; alternatively, if a condition appears too onerous, a defendant may choose to serve the prison sentence instead. (People v. Olguin (2008) 45 Cal.4th 375, 379, 384 (Olguin).)

"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

Can remand a defendant on remand be reduced to a reduced sentence even if the sentence was not reduced at the time of sentencing? (California, United States of America)

Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)

What is the test for determining whether a defendant forfeited his right to a remand for resentencing for failing to reduce his weight before sentencing? (California, United States of America)

Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)

What is the test for determining whether a person is entitled to exercise their right to exercise exercise without fear or intimidation? (California, United States of America)

What are the consequences of a jury's failure to determine the scope of a sentence that would have reduced a defendant's sentence? (California, United States of America)

Can a jury make a preliminary determination of whether a defendant had the right to use force to defend himself under Cal.CRIM 3471? (California, United States of America)

When a defendant claims the trial court made an impermissible dual use of a fact to support both an enhancement and an aggravating factor in his conviction for assault, what is the test for determining whether the sentence should be increased or reduced? (California, United States of America)

What is the test for determining whether a defendant has a right to a jury determination based upon proof beyond a reasonable doubt? (California, United States of America)

Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)

What is the test for a probationary to determine whether a defendant has a right to exercise his constitutional right to a reduced sentence?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources