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How much time will I serve on a 30 day misdemeanor probation violation for a failure to appear? I served 6 days previously.

Sacramento, CA |
Filed under: Criminal defense

Does the 6 days I served regarding this case count for my 30 day sentence. I would like to know how much jail time will I actually serve? Thanks

Attorney Answers 4

Posted

First, there is no way for us to be able to tell you unless someone on here knows what judge you'll be appearing in front of but: If it is your first FTA, then you would not serve any jail time in San Diego.

The judges I typically appear in front of don't incarcerate until 3rd or 4th warrant for FTA or most probation violations on misdemeanors.

Good luck!

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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Posted

First, there is no way for us to be able to tell you unless someone on here knows what judge you'll be appearing in front of but: If it is your first FTA, then you would not serve any jail time in San Diego.

The judges I typically appear in front of don't incarcerate until 3rd or 4th warrant for FTA or most probation violations on misdemeanors.

Good luck!

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.

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Posted

If you have not been given credit for the 6 days before and are being sentenced to 30 days now -- you would have 9 days (6 plus 3) taken from the 30 leaving 21 days to be served. The actual time you would serve would almost certainly be no more than 11 days.

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Posted

Here in Sacramento, if one were to serve a 30 day sentence in jail on a misdemeanor, he or she would end up doing 15 actual days pursuant to Penal Code section 4019. It is unclear what is meant by "6 days previously" but if that is meant to indicate that 6 actual days were already spent in custody towards the 30 days, then it should be an additional 9 days actual. Of course it will all depend on when the violation occurred since PC 4019 credit applications changed a bit in the last few years....best to talk to your attorney if you had one for the VOP or after you turn yourself in, the sheriff's department will calculate your out date. If you are applying for and get accepted to work project or home detention through the Sheriff's Department here, you also receive 4019 credits, but still have to pay the amount for the full sentence.

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2 comments

Asker

Posted

I want to thank you all for your information regarding this issue and for your timely response. I have a 9 month old son and have accepted an excellent career opportunity and would hate to lose it due to being incarcerated. And to Mr. Kaizuka I served 6 days regarding this case in 2010, so my question is does this 6 days count toward my 30 day sentence and if it does how much time will I serve?

Joshua Kaizuka

Joshua Kaizuka

Posted

If the 6 days were for your original sentence back in 2010 for the DUI, no. If this is a VOP filed in the last year or so, then you should get half time if you admitted to the VOP. Best to talk to your attorney to make sure. If your VOP is being handled in Dept. 60, the judge may require actual jail in some cases.

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