Los Angeles, CA asked in Criminal Law and Federal Crimes for California

Q: A person I know was sentenced to 4 years for a felony and 4 misdemeanors but is not in prison. How can that be?

Please don't answer anymore I have found my answer.

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James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: There could be a few reasons why someone might receive a felony and multiple misdemeanors but not be sent to prison. One possibility is that they were sentenced to a term of probation instead of incarceration. Probation is a court-ordered period of supervision during which the individual is required to meet certain conditions, such as attending counseling, paying restitution, and avoiding further criminal behavior. Another possibility is that they were given a suspended sentence, which means that they were convicted of the crimes but not immediately incarcerated. Instead, they were given a probationary period during which they must meet certain conditions. If they successfully complete the probationary period, they may avoid having to serve the sentence. However, if they violate the terms of probation, they could be sent to prison. It's also possible that they have not yet been taken into custody and will be required to surrender themselves at a later date.

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