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If they dont arrest me until after my probation period has expired for a violation can they still give me time in jail?
The reality is that while on probation, you must comply with the terms of probation. Those often include reporting to the your probation officer (kiosk or in person), appearing at any hearings before the court, and obeying all laws by not picking up any additional cases. These are the minimal requirements of probation.
AB109 only means that you were allowed to complete your jail time in a local county jail facility rather than state prison. Complying with the terms of probation still is a requirement or else risk being in violation of probation and thus more jail time.
If you fail to report to probation, fail to appear to a required court appearance, fail to comply with any term(s) of probation, or pick up a new case... you risk being found in violation of probation. As soon as probation becomes aware of a potential violation, they notify the court and the probation clock stops.
I would suggest staying in compliance with probation and not playing with fire. However, if you believe you are potentially in violation of probation, it would serve you to speak to an attorney before you get arrested on a warrant.See question
Hi, I ended with a misdemeanor for petty theft in 2003 (I was 21) . Count (01) : Disposition : convicted . Court accepts plea. Serve 001 days in LA county Jail less credit for 1 days and pay total due of $485. Probation was 100 yards away from Mac...
It seems that you have several questions related to this 2003 case. Firstly, the fact that the file was destroyed does not mean it no longer will show your a background check. The charge of PC484, known as a petty theft, is deemed a crime of moral turpitude and may be question when applying for a position requiring a professional license.
As my colleagues suggested, you are eligible for an expungement but that in itself will not erase this from your record. An expungement, legally withdraws your plea of guilty and replaces it with a not guilty plea and then the matter is dismissed. Nevertheless, it still shows but shows as being dismissed. I'm sure most would agree that seeking an expungement can only help in your effort to obtain a professional license.
If you intend to obtain a professional license, I would suggest you talk to an attorney to discuss more specifically what options might be available for improving your chances of obtaining a license in your chosen field. Each licensing board has criteria that they would like to see before considering offering a license.See question
I missed my arraignment on 12/21 for a DUII. I was in NJ with my dying brother. He passed away 12/27 My job keeps me very busy and the court is another state and 80 miles away. How should I proceed?
If you missed your Arraignment date, it is very likely a bench warrant was issued. Assuming your case is in California and is a misdemeanor, you can hire an attorney to appear on your behalf and recall the warrant. Your attorney will receive discovery including the charges and police report so as to evaluate the best approach to your particular case. Good luck!See question
I was citated at Macy's for pety theft. On the ticket the correct violation is circle no so I'm guess grand theft BC value is $1800 subtract few items I return. $1500 . My court is in 2 weeks. I was not arrested. Im not sure but I think officer sa...
It is hard to understand entirely what happened in your case. I am assuming you already resolved your case. With that said, all theft oriented cases usually trigger a restitution hearing by the prosecutor. If you already paid or returned the items, then the amount of restitution will be minimal or none. However, if the victim (macy's) states that there were some remaining items not returned or claims costs of investigation or something then you may be ordered to pay back that portion of loss.
As for your background checks, you should know that most background check companies show criminal convictions. So depending on the agency the new job used, it may or may not show the conviction depending on what the new job requested. If they requested a full criminal check, misdemeanors as well as felony convictions will show on a background check. It is also worth noting that many applications ask about "arrests", and so it is good practice to be honest rather than the prospective employer finding out about it and thinking you are dishonest. At least you can explain what happened rather than allowing the potential employer to find out and believe you lied.
I would strongly suggest you contact your attorney and get clarification on your case. From your question, it sounds like you still have several questions that should be answered.See question
I was hire for a cna job but didn't go through the background check will these charges show up or will it say pending charges when the employer looks it up?
Generally, background checks show convictions not charges. As you stated, you have charges pending against you but no convictions. At this point, a background check will not see pending charges. Once the case is resolved, should you be convicted then that conviction will likely be seen on a background check. However, it is worth noting that some job applications ask if you have ever been arrested and that may impact employment irregardless of whether you were convicted or not of any crime.
With any employment where licensing is at issue, it is critical that you contact an experienced attorney to see that you take all precautions to avoid any consequences to your license. If you are a CNA, I would suggest you contact an attorney to ensure that you take every step possible to avoid a conviction that would jeopardize your future employment.See question
Will I get into trouble if I test positive on my drug screen for a substance that I am legally prescribed? I can show proof. Who do I approach with the proof and when?
I am not sure how things are handled in your state. However, in CA there are various forms of diversion offered where drug testing is required. As for testing positive for a prescribed substance, usually the court has the probation department or another program handle the drug testing. First, inform the court that you take a prescribed medication so that it is on the record. Then, once it is decided who you are to report to for the drug testing, make sure you inform them of the medications that you are currently prescribed so as not to give a false positive test. The majority of programs and/or probation are familiar with clients who are diabetic or have various conditions where prescription medications are taken. It is fairly common. However, keep in mind that medical marijuana may not be viewed in the same light as insulin or blood pressure meds. The court will often view marijuana like other illegal drugs and a positive test will be a positive test.
When in doubt, ask your attorney.See question
The 90 days is for a dui for drugs I got in February. Then this September I got a possession of controlled sub. & paraphernalia. I havent been to court yet. Should I still go to my work release program?
Absolutely continue going to work release. At this point, you do not know what is going to happen on the new case. Failure to complete the work release in of itself would be a violation, so continue to go to work release. Any luck by the time you look to resolve the new matter (by trial or not) you will have completed work release. It will go a long way in the eyes of the judge to show that you continued to try to do good despite picking up a new case.See question
As stated, I have been convicted of an infraction (Disturbing the Peace - Fighting). I was offered a plea bargain to reduce a naked 245 to the infraction and restitution was never mentioned nor included in the plea bargaining or at sentencing. T...
It sounds like something is missing here. It may be possible that the restitution hearing was set in error or that there was a hearing set as part of the deal for the infraction. It is very hard to say without looking at a docket of the proceedings. Your attorney may be correct that the court does not have jurisdiction to impose a restitution hearing but it is better to be safe then sorry. As my colleague suggested, I would pay off the fines/fees as soon as possible closing out the case. Then see about going into to court to clear up this issue of restitution. It very may well be just an error. What you don't want to do is ignore it. Even if an error, you do not need a warrant (mistake or not) floating around. Best of luckSee question
Was told by Alameda County public defender that if coming to next court date for a criminal misdemeanor was inconvenient because I live 250mi. away, my presence was not needed as long as I called and informed them that I was not going to be there....
As my colleague mentioned, you should contact the clerk's office by phone and find out the status of your case. If you were appointed a public defender, you may also want to call and check the status of your case with their office. Most Public defender offices have a receptionist whom you can speak to about your case. Of course, you may need to provide name and date of birth and/or the case number in order to get any specific information related to your case. On most misdemeanor cases, an attorney can appear for you. However, depending on that particular court some judges require in court appearance. Either way, it is important to find out the status of the case and go from there. Best of luck.See question
As my colleagues have alluded, it really depends on the situation. For instance, if you are in custody on the new felony matter you may be given credit for the time serving while in custody. However, if you are doing time on a prior matter, the court may choose not to give you any credits for this new case. I believe what myself and my colleagues are trying to explain is that depending on your current custody status will dictate whether you are entitled to time credits.
I would suggest that you discuss this with your court appointed or private attorney. If you do not have an attorney, I would suggest you contact one to get a better understanding of your particular situation.See question