That is entirely up to the judge, but I can tell you with your record you are not impressing anyone. You should think before you act, you will not get many chances before the four years becomes a reality
My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.
It is discretionary with the court but you are not doing much in the way of instilling confidence with your present behaviour.
Ok, you say this is your first violation, but it sounds like it is your second violation on the burglary charge. If that was a strike, that means you pled to a residential burglary. This may be your first violation on the stolen car case, but the court is going to look at your entire background - and this year it hasn't been very good.
First, did you smoke MJ between your first dirty test and your second dirty test? (Don't answer here please!!) If not, then the THC level should be lower in the second test than in the first. That will help you. MJ stays in your system for a long time - up to 30 days if you're a chronic user.
Second, prison is always a possibility when you are on a grant of formal probation. That's what being on probation means. You are given a chance to prove that you can be supervised in the community and you don't need to go to prison. Right now, you're not showing the judge or probation that that's the case.
Third, if the judge sentenced you to four years, and then "stayed" it and allowed you to be placed on probation then, there is a very good chance you will receive the four years unless you can convince the judge that you're worth another try.
I'm going to assume that you haven't retained an attorney on this case otherwise you would be asking them these questions instead of this forum. That being the case, be sure to explain your situation completely to the Deputy Public Defender assigned to represent you in court. If there's a medical reason you need to take the MJ, let them know, even if you don't have a MJ card. Are you working? Going to school? Have you been paying fines? Restitution? Try to think of all the positive things you've been doing since you've been placed on probation so that your attorney will have some ammunition to fight a prison recommendation.
Keep testing dirty and you'll find out soon enough! Hire the best locally experienced criminal defense attorney you can afford to hopefully get you out of this most recent mess while hopefully minimizing the damage already done.
Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555