What is the test for a probationary to be granted to a defendant who has committed a criminal offence while on probation?

California, United States of America


The following excerpt is from People v. Cardenas, D072269 (Cal. App. 2018):

17. Probation is not an inherent right; it is an act of leniency (People v. Wardlow (1991) 227 Cal.App.3d 360, 365), the purpose of which is to serve as a "period of genuine rehabilitation" (Griffin v. Wisconsin (1987) 483 U.S. 868, 875). Probationers may consent to limit their constitutional rights in preference to incarceration; on the flip side, if a condition appears too onerous, a defendant may choose to serve the prison sentence instead. (Olguin, supra, 45 Cal.4th at pp. 379, 384.)

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