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Probation, Parole & Supervision Having problems (or need info) with Probation, Parole or Community Corrections & Supervision?? Lets talk about it here.

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Old 07-16-2003, 03:02 PM
mrsg mrsg is offline
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Default role of probation in sentencing

okay, someone help me here, i'm really confused. working on a plea for my husband to get probation with possible house arrest for a short time. the ausa has approved it, now she and our attorney have to meet with probation to see if this will work? WHY? I'm confused, can someone please help...I though in plea agreements it was only the ausa that had to agree.
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Old 07-18-2003, 01:59 PM
Jacks_Tracy Jacks_Tracy is offline
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While the prosecutor has to agree, ultimately the decision to accept the plea is up to the judge. He places a large amount of weight on the pre-sentence investigation (PSI). Forgive me if I am giving you info you already know here, but... the PSI is basically a mini-biography the judge uses to help him determine an appropriate sentence in the case, and it is prepared by the probation department. While the prosecutor's office may agree to the plea, they may not have all the information about the individaul's history. So, they are going to run things by the PO and see if it'll even fly before they go any further. Also, at least in my county, the prosecutor's can only make non-binding sentencing recommendations and the PO is well within rights to object to it based on aggravating and mitigating factors.
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Old 07-19-2003, 11:07 AM
mrsg mrsg is offline
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well, if that's all they are involved for, then he should be fine. He has never been in trouble before and shouldn't be now. I'm not sure though what you mean by aggravating and mitigating factors.
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Old 07-20-2003, 09:42 AM
Jacks_Tracy Jacks_Tracy is offline
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by mitigating and aggravating factors I mean things that make the situation better or worse. For example, mitigating factors would include him never having been in trouble before. Aggravating factors are, for example, if the victim of a crime was elderly or very young, or if the defendant has a criminal history.
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