It's possible, especially if it is a high classed misdemeanor or a low classed felony, but, there are no guarantees when it pertains to sentencing. There are lenient judges, equitable judges and judges who will use the law to the maximum in every single case regardless of the surrounding circumstances.
There is no definite answer to this question. The decision as to whether to sentence an offender to probation or not is entirely up to the discretion of the judge.
Ask your attorney.
Yes.
Probation and parole are very similar. They are both forms of supervision by the state or federal government, with standard and special conditions assigned to every defendant. A probation or parole officer is usually the same person who supervises both types of cases. There may be special types of probation and parole, which are handled by specially trained officers of those categories, such as for sex offenders and drug offenders. Probation is a sentence handed by the court, in which the offender is supervised by the state or federal government (either the state's Department of probation, Department of Corrections, or other similar agency, or the US probation department). If the offender violates any of the conditions of probation he can be arrested and returned to the court for hearing on such violation. The judge can then sentence the probationer to more probation, modify conditions of probation, community control (also known as house arrest), or incarceration. Probation can either follow incarceration or be given instead of incarceration (in the case of the former this is known as a split sentence). In states that have parole system (the federal government doesn't) parole may be granted to an inmate. Because parole is granted by the parole board of the Department of Corrections of that state, the offender is still considered inmate, and can be returned directly to prison without any jurisdiction of the courts if he violates the terms of his parole. The parole can range from a couple of years to the rest of what would be the offender's term of incarceration.
probation subsidy is where the state reimburses the county for the offenders placed on probation, instead of being placed in state prison.
No, he almost did but did probation instead.
Yes, you were convicted. Probation IS a sentence. Probation is in lieu of (instead of) incarceration.
The sentence depends both on the guidelines of the county in which the offense occurred and personal factors about the case. The impression that you make on the judge, as well as your overall criminal record will play a role in the sentencing.
A person cannot be set for a probation revocation hearing unless they have already been sentenced to probation. If you are asking if a person can request to do their prison time instead of being released again to probation then yes they can. It may sound odd, but it does happen.
Prop. 36 takes effect when a person has been convicted of a drug possession or under-the-influence offense. Instead of ordering jail time, the judge must place that person on probation and require completion of a drug treatment program lasting up to one year. Many counties will use treatment professionals to interview and screen, or "assess," each drug offender to match individuals with treatment programs that are appropriate to their drug use history and treatment needs. The judge may set any range of conditions of probation to monitor the offender's progress. These may include regular check-ins with a probation officer or court appearances, a requirement to pay a share of treatment costs, drug testing and other restrictions on the person's place of residence, associations, or lifestyle. If the offender violates any of the court's conditions, he or she faces the risk of having probation violated or revoked. Otherwise, the treatment provider selected by the court will provide regular progress reports through the required course of treatment. At the end of the required treatment regimen, the offender may petition the court to dismiss the drug charges. If the court finds that the person complied with the probation conditions and that treatment was "successful," charges may be dismissed, and the defendant will be obliged to disclose the fact that he or she was arrested only in certain specified circumstances.
Those who engage in nonviolent direct action are not the creators of tension, instead, they seek to bring to light the tension that already exists. They do this so it can finally be handled.
That is up to the judge.