Last year my son was placed on probation and served no jail time . Was ordered by the court that he needed to sign up to a DEJ diversion drug program and Drinking drivers program. He failed to sign up and later failed to show up to COURT ! So he was issued a bench warrant .He was arrested last week , currently in costody. He has court this tuesday top of the court paper saids "bench warrant DEJ program" another court paper reads "bench warrant Probation Revocation"
He failed to sign up becuase he didn't have an ID during that time and because the classes were very very expensive. He is in custody ,and very sorry for not signing up didn;t think it was this serious.He wants to get out and offered no bail. What will happen on wednesday's court ?
He violated the terms of his probation and his diversion program therefore the court can decide to terminate the diversionary program and sentence him to some jail time or whatever he had already agreed to. Alternatively? The court may decide to give him one more chance and reinstate him again and allow him more time to complete the necessary terms that your son originally agreed to.
The best chance is to hire an attorney to advocate for another chance on behalf of your son or he may be facing a lengthy jail sentence as well as a criminal record.
He's in violation of the terms and conditions of probation. The most basic requirement of probation is to initially check in with probation and then to stay in contact. Unfortunately your son has failed in this basic task. The court had no way of determining what your son was doing when he wasn't in contact with probation. The assumption will be that he didn't check in and comply with DEJ because he was using drugs. Your son needs an aggressive criminal attorney that will overcome this assumption and argue that he should be released and get another shot at DEJ. I am local and offer a free consultation.
The prosecution and the court will have the belief that if he could not have enrolled because of an issue (like no ID) than he should of gone to court.
He will have to tell the court he thought it was "no big deal".
He and his advocate will have to persuade the court to give him another chance....no easy task...but not impossible.
The judges in Santa Clara County may allow your son to stay in DEJ if he can provide a legitimate reason for the delay. The biggest issue that the court will take into consideration is the lapse of time between the sentence and the FTA. If he was sentenced in December of 2012 he will be in a better position that if he was sentenced in February 2012.
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