Video – Attorney Andrew Dósa Answers The Question: Does The Type Of Crime Affect Probation?

Ray Hrdlicka – Host – Attorneys.Media

“Does the chance for probation depend upon the type of crime?”

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“The answer generally is ‘yes’. But, there are relatively few crimes where probation would NOT be considered as an appropriate thing to include. I can give you an example of a situation called a ‘Deferred Entry Of Judgment’. It’s employed occasionally, it’s for certainly less serious crimes. What will happen for some people is that the DA (District Attorney) will agree to let the case sit for a stretch of time. Six months, a year, eighteen months….and then if the defendant has no further problems, then the case gets dismissed.

One alternative to that is that the defendant will enter a plea, and then the judge essentially agrees to hold that plea and doesn’t impose a sentence. What happens then is once that period of time lapses, and the defendant is free of any trouble, then the court will agree that the case gets dismissed. And that accentuates the significance of what probation is supposed to be. The defendant knows ‘if I’m going to keep myself clean, no more troubles in a year, then the case gets dismissed’. It’s a huge opportunity, a huge potential blessing, and the defendant has complete control of that in his or her own hands.”