In a personal injury case, is a defendant entitled to a reduced sentence for a violation of his probation?

A reasonably competent attorney acting as a diligent advocate (People v. Pope, supra, 23 Cal.3d at p. 425, 152 Cal.Rptr. 732, 590 P.2d 859) in defending against criminal charges should be aware of sentencing alternatives and the availability of rehabilitation centers and similar programs in the community. Since over 90 percent of all criminal cases filed result in conviction (see 1990 Annual Report--Judicial Council of California), criminal lawyers should be considering and preparing for the sentencing process well before the entry of plea or admission of probation violation. Counsel representing indigent defendants who are incarcerated without funds must exert reasonable efforts to assist and prepare their clients for sentencing. In the instant case such efforts would require, at a minimum, assistance at obtaining the client's admission into a drug rehabilitation program, and appropriate communication with the probation department.