If im on felony probation but have no probation officer, and catch a possession of paraphernalia charge is that a violation?

Asked about 1 year ago - Fremont, CA

because if it was a violation I would have a no bail hold right? and I didn't. I was cite
released

Attorney answers (3)

  1. Greg Thomas Hill

    Contributor Level 20

    2

    Lawyers agree

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    Answered . The charge itself is not a violation. A conviction of violating 11364 (possession of drug paraphernalia) is possibly a probation violation. Technically, any violation of the law that is a misdemeanor or felony constitutes a probation violation, but it you are on probation for something totally unrelated, such as felony probation for a vandalism (594) charge, an 11364 conviction may not be prosecuted as a PV (probation violation).

    The fact that you were cited and released is not a waiver by the police or prosecutor to hold you for a PV. They may have just had a very full jail. They may have made a mistake. This does not mean you avoid the consequences.

    In deciding whether to charge you with a PV, the prosecutor will consider the length of time you were on probation before the possible violation, the facts of the underlying cases, your performance otherwise on probation and your prior performance on any other earlier grants of probation.

  2. Tyrone Roman Martinez

    Contributor Level 8

    2

    Lawyers agree

    Answered . Even if you do not have a probation officer with whom you regularly check in, a new misdemeanor or felony violation will violate your felony probation. You may not necessarily have a no bail hold. If the new case is in the same county as your probation case, then the DA will likely file a violation of probation against you when the new case is filed. You should talk to an attorney about the specifics of your cases (not online) for a more detailed evaluation.

    This attorney's response to the question asked does not establish an attorney-client relationship with the asker... more
  3. Nicholas Maurice Rosenberg

    Contributor Level 14

    2

    Lawyers agree

    Answered . If you are on non-reporting felony probation and are subsequently arrested for Health and Safety Code 11364 for paraphernalia, that could be the basis of a felony probation violation. In the field, you received a citation and given a court date, but that does not mean that when Probation learns of the arrest they will not file a violation of probation. I agree with my colleague that you should consult with a local attorney because the consequences for your felony may end up being more severe than the new charge itself. good luck.
    www.losangelesdefenders.com

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