Maybe. Most crimes are probation eligible offenses. But, some are not and others allow for a term of probation only after serving a mandatory minimum period of jail time. Your criminal record is an important consideration. Individuals with previous felony convictions may not be eligible for probation or parole. Fortunately, prosecutors have plenary discretion on how to prosecute and sometimes cases can be structured in a way that allows persons deserving probation to receive it when they are not otherwise eligible.