What is a Probation Report?

In felony cases, before sentencing, the County Probation Department will submit a probation report to the defendant, the prosecution, and the court.  (See California Rules of Court, Rule 4.411.)   The purpose of this report is to highlight factors indicating the defendant’s suitability for probation, and to recommend whether to grant or deny probation.

A probation report will thoroughly examine the defendant’s background, including his or her social, financial, psychological, and criminal history.  The report will be based in large part on a probation officer’s interview with the defendant concerning his or her history and the circumstances of to the crime.  This interview is very important, and a Southern California criminal defense attorney will be able to prepare you so that you make the best impression possible.

At the end of a probation report, the probation officer will recommend a sentence to the court.  The court is not required to adopt the recommendation of the probation report, but will consider it along with other information such as the relevant circumstances of the crime, argument at the sentencing hearing, and any statements by interested parties, including the defendant and the victims.  The probation report must consider the same factors that the court will consider under California Rules of Court, Rule 4.414, in deciding whether to recommend probation.

From a practical standpoint, if the probation report concludes with a favorable recommendation, in most cases a court will follow the recommendation.  Thus, it is of utmost importance to secure the best recommendation possible.

If you have been convicted of a felony, you will need an experienced Southern California criminal defense lawyer to vigorously represent you during your sentencing hearing.  Having Wallin and Klarich fighting for you at your sentencing hearing could make the difference between you receiving a probationary sentence or being sent to state prison for many years.  At Wallin & Klarich, we have represented clients at sentencing hearings for over 30 years.  Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.