What is the test for a defendant to be placed on probation rather than incarceration?

California, United States of America

The following excerpt is from People v. Langley, C093397 (Cal. App. 2021):

Probation is not a right, but an act of leniency that allows a defendant to avoid imprisonment. (People v. Moran (2016) 1 Cal.5th 398, 402 (Moran).) When a defendant chooses probation over incarceration, the trial court has broad discretion in imposing conditions on the probation to further the dual goals of rehabilitating the defendant and protecting the public. (Id. at pp. 402-403.) If the defendant finds these conditions to be

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too onerous, he or she may forego probation and accept the alternative sentence. (Id. at p. 403.)

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