If the DA said no probation allowed at the first hearing is it still possibly an option? 6 Answers as of January 05, 2012

I need to know if someone is eligible for joint suspension on an ADW(245a1) ("kicking"). Defendant was on parole when the incident occurred and was already carrying 1 strike. Defendant also has a good PO report and has not plead guilty. The DA said no probation allowed at the first hearing but is it still an option? I heard probation and joint sentencing are 2 different things.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
A person on parole picking up an ADW case would be in violation of that parole. He now has two hearings to go to. He will not be released until the parole hearing is concluded. After this hearing he may be put back into prison. If not then he may get probation on the ADW case. He needs an attorney as this is serious.
Answer Applies to: California
Replied: 1/5/2012
Hammerschmidt Broughton Law | Mark A. Broughton
This is too complicated of a question to give you a complete answer here. But a strike prior not only doubles the prison time for the current offense, but also makes the person probation ineligible. The only way to be granted probation is for the JUDGE to "strike the strike," meaning legally disregarding it for particular reasons, for the purposes of sentencing. Then the client can get probation. But this takes some good negotiating and some favorable, mitigating facts about the client and/or the cases. A suspended sentence (stay) and probation are different things. Neither is an option unless the judge "strikes the strike." if you want a detailed explanation (many lawyers don't know the difference!) contact a qualified criminal defense attorney to explain this and the other parts of your question. There are parole issues here as well.
Answer Applies to: California
Replied: 1/4/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If the defendant hasba strike and it is not stricken by either the court or the DA, then probation is not possible. Potential sentences are doubled and served at 80%.
Answer Applies to: California
Replied: 1/4/2012
Law Office of Martina Vigil
Law Office of Martina Vigil | Martina A. Vigil
The plea bargaining stage may take several pre-trials before the DA and defense attorney come to a reasonable sentence. The DA may change her mind after a few more pre-trial discussions.
Answer Applies to: California
Replied: 1/4/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Yes, "joint suspended" means that they will not ask for a prison term (unless the guy violates probation) Probation is probation and you can get it either straight (highly unlikely for a one striker) or probation with up to one year in the county jail. Lately a lot of judges have been sentencing guys to several years in the County vs sending them back to State Prison. The trouble with that is that county jails are not set up for long term incarceration. Anyhow, it depends on how good the DAs case is as to whether probation could be a reality down the road.
Answer Applies to: California
Replied: 1/4/2012
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Unless the judge strikes the prior strike, then they're not eligible for probation under the law.
Answer Applies to: California
Replied: 1/4/2012
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