What factors determine probation over a jail senntence?

[bcmeanashell]

What is the name of your state? California

What are the factors that the probation recommendation and the judge use to determine whether or not your sentence is probation or a jail term? Scenerio: 1st offense, never been in any kind of trouble before...charged with theft from elder or dependant adult and theft exceeding 50,000. Many letters of good character showing community service and volunteering, member of church, beginning counseling, letter to victim, full time job, two young children, and 15,000 to pay back immediately with ability to make monthly payments.

How can one plead effectively to the judge for probation instead of time? What is going to far and what irritates the judge? I have to be ready in three days for my probation meeting to begin the recommendation process...do I get a copy of the recommendation before the sentencing date? My Publid defender is no help so I'm winging this one on my own...Need any suggestions

 

[garrula lingua]

Go beg and borrow from every bank, friend and family member and pay the money back. Appear in court with a certified ck for $50,000 for the victim.

Otherwise, you will be sent to state prison for 16 mo, 2 yr or 3 yrs...oops...
there's a special enhancement for crimes against the elderly -- that's more time on your sentence. Second oops - there's another special enhancement for crimes over 50k.......PAY THE VICTIM BACK ASAP.

Every Judge has an elderly parent and you are particularly despicable as you prey on the elderly......you will get smashed in court.

Pay the money back and beg for the mercy you don't deserve.

Why do you think those 'enhancements' were added to your charge ? (To ensure that you did state prison time & not probation (with jail time).

 

[calatty]

I don't think having the money to reimburse them right away will make much of a difference. Judges look favorably on taking responsibility and expressions of deep remorse. They hate protestations of innocence or minimizing responsibility or the harm. The probation report is usually not filed until the court date.