What is the difference between a defendant sentenced to prison and a defendant on probation?

California, United States of America


The following excerpt is from People v. Betts, H037576 (Cal. App. 2012):

1. There is good reason for making the distinction between defendants sentenced to prison and those granted probation. Defendants found to be ineligible for probation have generally been convicted of more serious crimes or have more extensive criminal histories than those eligible for probation. For defendants sentenced to state prison, an ability-to-pay determination is usually irrelevant; if they cannot pay at the time they are sentenced, they can work off the fee while in custody. (See People v. Frye (1994) 21 Cal.App.4th 1483, 1486-1487.) On the other hand, defendants who are eligible for probation are being granted conditional release partly to aid in their rehabilitation and partly because they are considered less dangerous to the public. (People v. Olguin (2008) 45 Cal.4th 375, 379.) These goals would not be best served if a probationer were burdened by costs beyond his or her ability to pay themit would not help a probationer's rehabilitation if a probationer felt impelled to commit another crime in order to get the money to pay a booking fee.

Other Questions


When a court suspends imposition of sentence and places a defendant on probation but later revokes probation, but later imposes sentence, what is the difference? (California, United States of America)
Does a defendant who committed a crime under a different sentencing scheme that existed at the time he committed the crime be sentenced to a different sentence? (California, United States of America)
What is the difference between a defendant on probation and a defendant who is on probation under PRCS? (California, United States of America)
When will a probation report recommend that a defendant be denied probation and sentenced to two-and-a-half years in prison? (California, United States of America)
Does a court have jurisdiction to sentence a defendant to state prison and suspend the execution of the sentence during probation? (California, United States of America)
What is the difference between a defendant's probation and prison sentence? (California, United States of America)
Does a judge have discretionary authority to reinstate probation on the same or modified terms as to revoke probation and sentence a defendant to prison? (California, United States of America)
How have courts reviewed sentencing choices such as the one at issue, whether to reinstate probation or sentence a defendant to prison? (California, United States of America)
What is the legal test for a probation sentence where a defendant has been found guilty of a sexual assault and sentenced to probation? (California, United States of America)
What is the legal test for reinstating probation for a defendant who has breached probation but has not been sentenced to prison? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.