What is the effect of probation on a defendant?

California, United States of America


The following excerpt is from People v. Chavez, 231 Cal.Rptr.3d 634, 4 Cal.5th 771, 415 P.3d 707 (Cal. 2018):

Once probation ends, however, a court's power is significantly attenuated. Its power to impose a sentence over the defendant ceases entirelya result embodying the ideal that a court may not dangle the threat of punishment over a former probationer indefinitely. Such a possibility would raise both "serious due process concerns" and fears of nullifying statutory provisions limiting the period of probation. (See People v. Leiva (2013) 56 Cal.4th 498, 509, 517, 154 Cal.Rptr.3d 634, 297 P.3d 870.) What's

[231 Cal.Rptr.3d 641]

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