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What are possible consequences for violating probation in CA state
San Diego, CA
Viewed 718 times.
Posted about 1 year ago in Criminal Defense
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consequences for Probation violation:
I am on probation for burglury and after missing a few dates with my PO due to pregnancy, homelessness, etc.., i quit going because I knew a warrent was issued for my arrest. it has been a couple of years and i want to take care of it now so I can get a license, a job, and my own apartment now that im more togwther. but would like an idea if Im looking at doing serious time? no other charges and no trouble since original arrest.
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Answers (2)Ben Walter Pesta II
This attorney is licensed in California.
Posted about 1 year ago.
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First: GET A LAWYER! You do NOT want to walk into court on your own with a warrant out for your arrest. If you do this, the bailiff will arrest you on the spot, and you'll be held until your probation violation hearing. Your lawyer will reopen your case, and he'll get a good idea of what the judge is planning to do.
That you haven't had any further trouble is certainly a good thing. Of course, if you HAD gotten into trouble, they would have held you for the probation violation, too. But it's better to violate by absconding (walking out on your probation) than by committing a new crime. It's also a good thing that you're coming in voluntarily, instead of, say, being stopped for an illegal left turn and having the police discover your warrant. You'll have a violation hearing, at which you'll probably be found guilty of violating your probation. The court's options range from sentencing you to whatever jail or prison time it suspended when it put you on probation, to declaring you in violation and restoring you to probation under the same terms and conditions as the original ones. Some important considerations include whether your burglary conviction was a misdemeanor or a felony (better a misdemeanor, obviously), and how long you'd been on probation before you absconded. If you were almost finished, or had done at least half your probationary term, it counts in your favor. It's not so good if you'd only been on probation for a short time. When a probationer violates after being on probation for about 15 minutes, some judges look at the situation as though the defendant had raised his middle finger in the direction of the bench. This doesn't sound like it's the case with you. It seems as though you were having some serious problems, and an experienced lawyer should be able to make a case for extenuating circumstances, rather than your having been just a scofflaw. You're absolutely right to want to clear this business up. Good luck! Samuel Eugene Spital
This attorney is licensed in California.
Posted about 1 year ago.
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By retaining a criminal defense attorney, you can obtain a more precise answer to your question as the lawyer will perform the necessary review and analysis to determine whether your failure to appear was truly due to a valid excuse.
Most courts are lenient and do not impose jail time for a "technical" violation of probation if you have otherwise complied with the terms and conditions of your sentence. The longer you wait, however, the better chance there is for you to be picked up or stopped by law enforcement, and then you will likely be taken to jail.
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