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I am in 2nd violation of my felony probation in santa clara county. i have court in dep.24 HOJ.

Campbell, CA |

im on probation for (10851) and (487). reason for violation,failed to keep up on restitution fines, and positive for meth. how much time am i looking at?

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Attorney answers 4

Posted

What did you get on your last violation? Typically, it's double whatever that was. However, I don't know your record or your past performance on probation, so on those scant facts it's tough to tell. Get an attorney, or ask for a PD when you get to court.

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

Posted

The time you get for probation violations ranges from zero to the maximum allowable for the charges you are on probation for. Assuming both the 10851 and 487 are felonies and assuming no strike priors, prison priors, or enhancements, then you could get up to three years, eight months. Hiring an attorney to negotiate a good disposition would be a wise move.

Posted

There is no way to know without doing a full review of your case, including your criminal history and the circumstantial details of your probation. This is a case you need a lawyer to help you on. With a good lawyer, you have a chance of staying out of jail. Don't leave it up to chance! Good luck.

Posted

First and foremost you must realize that you are on one of the most punitive calendars in Santa Clara County. I am not sure what you mean exactly when you say itis your "second violation"Have you been violated in the past and successfully completed probation or is this the second time your PO has violated you on this matter.You have the additional problem of possibly having a new case depending on whether you were under the influence of meth
Typically there will be an offer made by the Probation Dept which could get better or worse if you proceed to a hearing calendar and the judge weighs in. Presently, the judge on that calendar, Judge Bocanegra is much better about not following the DA lead than previous judges. When appearing for arraignment there is an excellent chance that you could be remanded. You definitely need a lawyer whose prepared on the first court date. While the company line is to accept the Probation offer it is not always the case that it will be the best. The DA on that calendar( usually Dan Carr) is very strident.SJP

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