he got charged with probation violation and drug possesion- one gram of herion. his been in jail for 2 months but now no bail is set for his next court date. he has a previous strike.
You need more information to accurately assess this case. I can offer you a free consultation. I'm in Los Angeles. Generally, however, if he is on probation and has a new case, he's looking at time on each. The prior strike depends on the nature and age of it. You really need to consult with an attorney to get more accurate information.
The offense for which he is on probation for determines the sentencing range for the probation violation. We don't know what that offense is, so the range of possibilities can't be determined. Judges do not have to set bail on probation violations. The new felony possession is likely punishable by 2, 3, or 4 years in prison multiplied by 2 for the strike. He might or might not be eligible for treatment depending on the record. These are not simple questions.
There isn't enough information to accurately respond to the question. What is the charge that required Probation? Was this the strike charge? It may be possible to plead him on the PV and have him complete Prop 36. Give me a call for a consultation.
Seth Weinstein, Esq.
Los Angeles Criminal Defense Attorney