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Probation violation sentencing

California City, CA |

If I'm on formal probation for carying a loaded fire arm..how much time will I get for pc29800 probation matter only I know what will happen in trial how much time would I do for violating

Attorney Answers 3

Posted

The court could impose any sentence which was pronounced when you were sentenced on the carrying charge but which was suspended (hung over your head) in return for a grant of probation. If the court did not pronounce a sentence the court will conduct a sentencing hearing. The court could also reinstate probation but modify it to give you custody time or add some conditions to your present probation. Before you are sentenced on a probation violation you are entitled to have a court hearing to determine whether there was a violation in the first place, and if so, what the penalty should be. So you will have some interaction with this process.

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Posted

My carrying charge wasn't suspended it was set as time served with 3year formal probation.what would the judge have in mind.and I deal that my public defender wasn't representing this matter to the fullest not cause he didn't want to but probably very busy and out of focus could i seek to looking for a new public defender the day of sentencing or should I just wait for the court process

Gayle Anne-Marie Gutekunst

Gayle Anne-Marie Gutekunst

Posted

Then the court will have to decide how to deal with your violation. It will most definitely extend it. You're going to have to convince the court that you are still a proper candidate for supervised release. I hope that other than this alleged violation you have been otherwise cooperating with probation. You'll have to demonstrate that this violation is a one-time deal and not likely to recur.

Asker

Posted

It won't......and the only problem is I can't afford the proper clothes for court The defendant hereby consents to a search of person, vehicle, residence, business, or any personal or real property under the defendant’s control for whatever item is prohibited, by a peace officer or probation officer, at any time, with or without a search warrant, warrant of arrest, or reasonable cause. I were blue jeans and black t shirt I have no other clothes but gym wear and work jeans with paint on them it's extremely hard for me to dress up I kinda don't know how..I have no priors to this charge and since I've been out I found a girlfriend and were working on alot to get together and a time like this would wash everything away...thank you for your time I've been searching to do community service to show good effort to the court but my public defender said it would only make me look guilty is this true ?

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Posted

Can the judge look back at how I was put on probation to determin which sentence he should give me for violating my probation

Asker

Posted

Can the judge look back at how I was put on probation to determin which sentence he should give me for violating my probation

John M. Kaman

John M. Kaman

Posted

1368

Posted

Your original sentence could be imposed, your probation could be revoked, or your probation could be revoked and re-instated with new terms.

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Posted

Ms Gutekunst and Mr. Shafer have given you good advice on what might happen. A big determinant might be the cause of the violation. PC 29800 can be for firearms or drugs and ( especially given the nature of your original case) you'd be better off if the violation was drug related.

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