I really need help to understand how law in ca goes

Asked over 1 year ago - Richmond, CA

My husband have 3 Probation violation with the same people you look for your point of view how long will he face up to in county jail he. Was arrest in Richmond ca

Attorney answers (3)

  1. David Matthew Piper

    Contributor Level 15

    3

    Lawyers agree

    Answered . I practice in the Richmond Courts. There is absolutely no way to know the answer based upon the information provides here.

    Reliance on any information in this website is at the sole risk of the user and the user understands that he or... more
  2. Greg Thomas Hill

    Contributor Level 20

    Answered . There is no guarantee that your husband will go to county jail. On some probation violations, state prison is imposed.

    There is no standard punishment, set by statute, for example, for one who violates probation. Rather, the judge has wide discretion in how he or she sentences one for violating probation.

    The judge will take into account several factors in sentencing. First, the court will consider the seriousness of the violation. The violation may be not submitting to a drug test, or failing the drug test, if drug testing was a condition or probation. The violation may be committing a new crime, failing to appear in court for a court appearance, failing to pay a fine or restitution, or failing to comply with any other court order (such as enrolling in or completing, classes, community service or reporting to probation).

    How one presents oneself to the court is also taken into account. If one is arrested on another crime and brought before the judge while in custody, this is not good. It is better if one voluntarily brings oneself to court to resolve the problem, suggesting a sense of responsibility and respect for the judicial process. If the judge issues an arrest warrant or a bench warrant for one failing to comply with the terms of probation, it is good to present oneself in court as soon as possible; voluntarily.

    Lastly, the court will take into account one’s criminal history, the recommendations of the probation department and how long one was on probation before the violation took place. The court will pay particular attention to whether the client violated probation in the past or was reinstated on probation in the pending case. The court will often comment that probation is a privilege and not a right, so if the client “abused the trust the court placed on him by affording probation,” the court will most likely not reinstate the client on probation. Instead, the client may face time in custody.

    As mentioned above, the court has several options in ruling at a probation violation hearing. The court can revoke violation and sentence the client to jail or prison. When this happens, the client does receive credit toward the length of the sentence based on time previously spent in prison, jail or a residential treatment program.

    The court can also reinstate one on probation, but with modified terms that are usually move difficult and meant to punish the client for his or her conduct. For example, probation may be modified to add more community service, Cal-Trans or community labor. The client may also have to serve time in county jail or the period of probation may be lengthened. The court may also order that the client enroll in and complete an additional class.

    The court may also reinstate the client on probation under the same terms and conditions. This is the best outcome, obviously.

  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . It really depends on the nature of the underlying case and the nature of the violations. One really can't say without a lot of details about the case, sorry.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more

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