Is it possible that 2nd degree burglary charges Judge would not give probation or community service?

Asked about 2 years ago - Venice, CA

arrested for 2nd degree commercial burglary returned all items have no prior burglary charges...a theft charge 24 yrs ago..... addicted to meth.. my attorney says a drug rehab would help my case .. i agreed.to but wasnt arrested for drugs... lawyer says i will do outpatient drug program for one year with no probation and no community service.
i find it hard to believe .. how can he be so sure the Judge wont give me prob and com serv?? i thought everyone who does this crime gets probation? Is it possible a judge would give me the year at outpatient drug rehab with no probation or community service?

Attorney answers (4)

  1. Trisha Ellen Newman

    Contributor Level 11

    1

    Best Answer
    chosen by asker

    Answered . There are special drug courts out there that addicts qualify for without violent offenses/strikes that are outside the regular DEJ and Prop 36 programs. But there is a type of probation for it generally. I agree with the advice already given that you need to talk to your lawyer and be clear on your obligations. Those courts offer a lot of help with getting you on your feet and into jobs programs if you are successful.

    I am licensed to practice only in California and the 9th Circuit. This response is informational only and is... more
  2. David Jon Pullman

    Contributor Level 19

    2

    Lawyers agree

    Answered . Listen to your lawyer.

  3. James H. Dippery Jr

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . It seems fairly clear that there has been a miscommunication and that you may not have heard your lawyer correctly. Since you have been convicted of an offense, by plea or trial, there are only two basic options for the judge: 1. Deny probation and sentence you to time, probably local time even if this is a felony, or 2. Grant you probation (for 1,2,3,4,5 years depending on misdemeanor or felony offense) with terms and conditions, such as complete an outpatient drug program. Probation is the only way the court has to try to keep you in line and to see that you complete the drug program. I'm certainly not saying that your attorney was 'wrong,' but you do need to ask him again and make sure you understand his answer. Hope this helps.

    Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is... more
  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your lawyer is in the best position to advise you .

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