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What does it mean to max out of probation?

Sacramento, CA |
Filed under: Criminal defense

i was given a 270 day sentence in 07 & 5yrs formal probation. i served about 180 days of that. in 08 my probation was reinstated due 2 violation & i served 30 days. again in 09 it was revoked & reinstated & i served 45 days. the judge told me if i violate again i'll be maxed out. what does that mean?

Attorney Answers 4


  1. Usually he means that he will impose the rest of whatever jail sentance is possible. If you could have gotten five years it would be that minus the credit for the time imposed prior to that.


  2. In California, it means that the most time you can do in county jail as a condition of probation is one year (unless you enter a Johnson waiver). So, once you have used up your local time year (unless there is s Johnson waiver), the judge has to send you to prison. Usually, with that number of violations, the judge is ready to send you to prison anyway, however, you can sometimes get an agreement that, if you waive your credits in county jail (a Johnson waiver), he can send you back to county jail for more time


  3. I assume you're on felony probation. If that's the case, the most you can serve on a sentence and/or combination of sentence and probation violations is one year in county jail. You've just about eaten up all your county jail time on this case - 9 months initially, then 1 more month, then 1.5 months. You've done 11 and a half months already. If you violate again, you'll run out of time to serve in county and the only option left will be state prison.


  4. Mr. Dane did not comment on the possibility of a Johnson waiver but we both forgot to remind you to talk to your own lawyer for advice. We can only give general information here and not actual advice on what you should do in your case. For that you need to consult your own lawyer.

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