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: Southern California Criminal Defense Blog

A Court May Consider a Dismissed Charge When Imposing Probation Conditions

By Walin & Klarich

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An Experienced Criminal Defense Attorney Knows How to Argue Against Facts Underlying a Dismissed Charge A California appellate court has recently held that trial courts have broad discretion in granting or denying probation and imposing probation conditions. Further, the appellate court ruled that a trial court even may consider a charge that the defendant was not convicted of or pled guilty to. See People v. Martin, C.A. 4th/2, DAR p.10639. In this case, the defendant was accused of domestic violence and resisting arrest. The defendant, in a plea agreement, pled guilty to the charge alleging that he resisted arrest. However, the defendant did not plead guilty to the domestic violence charge. After the plea agreement was entered, the trial court imposed certain probation conditions addressing domestic violence (e...continue to full post

Full post as published by Southern California Criminal Defense Blog on September 14, 2009 (boomark / email).

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