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How many years possibly sentenced for probation violation and drug possession- one gram of heroine. no bail is set next court

Valencia, CA |

he got charged with probation violation and drug possesion- one gram of herion. his been in jail for 2 months but now no bail is set for his next court date. he has a previous strike.

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Attorney answers 4

Posted

There are too many variables here to give you a realistic answer to your question. The details of the current offense as well as the nature of the strike will play a crucial role. He needs an attorney. Good luck.

Jasen Nielsen

Posted

You need more information to accurately assess this case. I can offer you a free consultation. I'm in Los Angeles. Generally, however, if he is on probation and has a new case, he's looking at time on each. The prior strike depends on the nature and age of it. You really need to consult with an attorney to get more accurate information.

Posted

The offense for which he is on probation for determines the sentencing range for the probation violation. We don't know what that offense is, so the range of possibilities can't be determined. Judges do not have to set bail on probation violations. The new felony possession is likely punishable by 2, 3, or 4 years in prison multiplied by 2 for the strike. He might or might not be eligible for treatment depending on the record. These are not simple questions.

Posted

There isn't enough information to accurately respond to the question. What is the charge that required Probation? Was this the strike charge? It may be possible to plead him on the PV and have him complete Prop 36. Give me a call for a consultation.

Seth Weinstein, Esq.
Los Angeles Criminal Defense Attorney
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.