Some San Diego California Criminal Defense attorneys, as a tactic for bargaining down a potential prison sentence to a sentence of straight probation, ask that a client be sent out for a 1203.03 90-day diagnostic evaluation.

Some Judges like using that to scare a defendant and give him a taste of what it’s like in state prison, then bring the defendant back and put him or her on probation.

What happens during a 1203.03 evaluation is during the 90 days the defendant is interviewed by a psychologist or psychiatrist and the prison personnel. They write a report to the judge giving him or her their opinion about the defendant and what an appropriate punishment would be. Depending on the crime committed, the defendant’s background and attitude, the recommendation can be anything from a state prison commitment to straight probation.

After the 90-day diagnostic is completed (which many times takes less than 90 days), the defendant is sent back to the judge for sentencing where the judge reads the report, gets input from the attorney and prosecutor, then makes a decision as to what the defendant’s punishment is going to be.

Though the outcome is up to the judge, a good San Diego Criminal defense lawyer can usually get a judge to agree that after the evaluation, if there aren’t any problems that come up, the client will be released on straight probation. William Daley is an experienced criminal defense and San Diego DUI lawyer with over thirty years of experience defending his clients and getting their charges reduced or dismissed. Call THE LAW OFFICE OF WILLIAM DALEY at (619) 238-1905 to set up a free 30 minute consultation today!