Sentencing

How long can I be sentenced to jail time for a probation revocation?

It depends on what your original conviction was for. When your probation is revoked and terminated, the court may—if the original sentence was suspended—now sentence you to jail for the longest period (the maximum sentence) that you could have originally been sentenced for the specific crime you were convicted of committing.[866]

  1. 866

    Cal. Penal Code § 1203.2 (c).

Could I be sentenced to prison instead of jail for a probation revocation?

It’s possible. You could be sentenced to prison time instead of jail time if the crime that you were originally convicted of is one that would have allowed a judge to sentence you to prison.[867] On the other hand, if the crime you were originally convicted of would not have allowed a judge to sentence you to prison time, then your probation revocation time cannot be sentenced to prison either.

SUMMARY: Possible sentences FOR a PROBATION REVOCATION

What are the options the court has for sentencing/ punishment if they revoke probation? The judge could:

    Reinstate your probation on the same terms and conditions;Reinstated and modify (change) the terms of your probation to make them more difficult, (including adding fines, community service, or public works service); ORRevoke and terminate your probation—and send you to jail or prison, depending on the commitment offense.[868]
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    Cal. Penal Code § 1203.2 (d). The statute reads: “In any case of revocation and termination of probation, including, but not limited to, cases in which the judgment has been pronounced and the execution thereof has been suspended, upon the revocation and termination, the court may, in lieu of any other sentence, commit the person to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities if he or she is otherwise eligible for such commitment.” Cal. Penal Code § 1203.2 (d).

  2. 868

    Cal. Penal Code § 1203.1(j).

If my probation is revoked and terminated, how long will I be sent to prison or jail?

It depends. The length of time that you will be sentenced depends on what the judge ordered at the time you were sentenced. When you were initially sentenced to probation, the sentencing judge had the option of either ordering that the Execution of Sentence be Suspended (ESS) or ordering that the Imposition of Sentence be Suspended (ISS). Trying to figure out if the judge imposed ESS or ISS can be tricky. This is a complex area of law, so ask your lawyer if the judge ordered ESS or ISS. Here are the basics:

    ESS means that the sentence is only executed (meaning, you serve the sentence) if your probation is revoked because you violated your probation conditions.
    ISS means that your sentence has not yet been determined at the time the judge sentences you to probation. But, if you have ISS and you violate the terms of your probation, and you probation is revoked, then the court, at time that the court finds you in violation of your probation, will sentence you to whatever length sentence (up to the maximum for your specified offense) it deems appropriate.[869]
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    If you plead guilty and have ISS, then whether or not your sentence will be imposed in front of the same judge who accepted your guilty plea depends on whether or not you signed an Arbuckle waiver. An Arbuckle waiver occurs when a defendant waives his right to be sentenced by the same judge who presided over his/her trial/accepted the change of plea. Without an Arbuckle waiver, any sentencing imposed by another judge is unlawful.