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The Case Changes if the Allegation of Dangerousness Is Dropped

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: If someone’s been incarcerated for, let’s say five months and the allegation of dangerousness has been dropped and now they’ve been released on probation. You said that they’ll be treated or seen a different way by a judge and by law enforcement. Can you explain?

Acacia Law: Yes. Because what happens is the judge may find that they have a certain degree of responsibility. And so what they’re trying to do is determine what they think is an appropriate punishment for the crime, with the assumption that the person can be rehabilitated to a certain degree.

The Possibility of Being Released on Probation

So, if you present a court with someone who has been in custody for six to nine months, and they are given a probation-eligible plea, than the judge can say “This person has done nine months in county, and so they have done jail time for this offense. Now we can release them on probation.”

If they fail on probation they will be sent to prison. Or they can be reinstated on probation, but they may have more time that they have to serve in the country jail as a term and condition of reinstatement of probation.