Believe it or not, probation is sometimes the better sentence. At least I know how it works in Texas.
I was on the jury in a child molestation case. All but one of us wanted to give him 20 years. With the one hold-out, we ended up sentencing him to 20 years probation, rather than result in a hung jury. After the trial, the DA told us that we gave him the best sentence we could have. He told us that had we given him 20 years, he would be out in 4, tops. With probation, if he violated his probation then he would be jailed for the remainder of his probation. He also told us that he could not tell us during the trial that ole Gilbert had been messing with every kid in the family for years. He said that we could
count on him violating pretty quickly.
Another case involved a murder with a motor vehicle. That kid got off with probation on that one, as well. He promptly violated that probation out drinking with some college kids and was caught. Judge Lopez sent him straight to prison, and jailed/fined his dad for lying for him. His crime: He had run over a punk kid named Brian Deneke (research the name) because he didn't like the way he looked. Dustin Camp was one of the preppie kids riding around and drinking in his daddy's Cadillac one night. He deliberately ran over Brian in a parking lot.