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I really need help to understand how law in ca goes

Richmond, CA |
Attorney answers 3

Posted

It really depends on the nature of the underlying case and the nature of the violations. One really can't say without a lot of details about the case, sorry.

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Asker

Posted

You think how long some one face to county jail with 3 probation violation and no other charge pending on him the probation violaton hold him in there

Asker

Posted

I want to know is Los Angeles is same law as for contra costa county in Richmond ca

Anthony Michael Solis

Anthony Michael Solis

Posted

same California Penal Code

Asker

Posted

So some one with 3 probation violaton for not going see they probation you think how long will they be in county jail for ... From you point of view you think how long will that person be in there

Anthony Michael Solis

Anthony Michael Solis

Posted

Don't know and don't want to guess. that said, merely missing probation meetings, they could just warn him and not violate him. It's really only a guess.

Asker

Posted

Ooo because his probation violation him for not going to see her

Asker

Posted

I just want to know how long you get for violation your probation because I never been in that place that why

Anthony Michael Solis

Anthony Michael Solis

Posted

See Mr. Piper's brilliant, concise and directly on point answer below.

Posted

I practice in the Richmond Courts. There is absolutely no way to know the answer based upon the information provides here.

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Asker

Posted

And he didn't show up for court and go see his probation you think how long will he do because it no other change on him but it tharobation is hold I want to know how the law in Richmond goes because I stay in Richmond and I want to know how long do they giving the preson time for violaton probation

Asker

Posted

Can you please help me with this Situation I just want to know what the most some one in jail will do in jail . For probation violation felony with 3 probation violation

David Matthew Piper

David Matthew Piper

Posted

What 3 felonies? What were the terms of his original sentence on each of them? What does his criminal history look like? Which judge controls his probation? How long has he been in custody? Does he have any previous custody credits? These and about a half dozen other questions must be answered before anyone can even begin to tell you how much time he is facing.

Asker

Posted

His first charges. Was drug relate and using but he did those time already and now he just in there because his probation violation Afro not going to see his felony probation so you think how long will he be in there

David Matthew Piper

David Matthew Piper

Posted

There is no way to know based upon the information here.

Asker

Posted

It any way can you call me

Posted

There is no guarantee that your husband will go to county jail. On some probation violations, state prison is imposed.

There is no standard punishment, set by statute, for example, for one who violates probation. Rather, the judge has wide discretion in how he or she sentences one for violating probation.

The judge will take into account several factors in sentencing. First, the court will consider the seriousness of the violation. The violation may be not submitting to a drug test, or failing the drug test, if drug testing was a condition or probation. The violation may be committing a new crime, failing to appear in court for a court appearance, failing to pay a fine or restitution, or failing to comply with any other court order (such as enrolling in or completing, classes, community service or reporting to probation).

How one presents oneself to the court is also taken into account. If one is arrested on another crime and brought before the judge while in custody, this is not good. It is better if one voluntarily brings oneself to court to resolve the problem, suggesting a sense of responsibility and respect for the judicial process. If the judge issues an arrest warrant or a bench warrant for one failing to comply with the terms of probation, it is good to present oneself in court as soon as possible; voluntarily.

Lastly, the court will take into account one’s criminal history, the recommendations of the probation department and how long one was on probation before the violation took place. The court will pay particular attention to whether the client violated probation in the past or was reinstated on probation in the pending case. The court will often comment that probation is a privilege and not a right, so if the client “abused the trust the court placed on him by affording probation,” the court will most likely not reinstate the client on probation. Instead, the client may face time in custody.

As mentioned above, the court has several options in ruling at a probation violation hearing. The court can revoke violation and sentence the client to jail or prison. When this happens, the client does receive credit toward the length of the sentence based on time previously spent in prison, jail or a residential treatment program.

The court can also reinstate one on probation, but with modified terms that are usually move difficult and meant to punish the client for his or her conduct. For example, probation may be modified to add more community service, Cal-Trans or community labor. The client may also have to serve time in county jail or the period of probation may be lengthened. The court may also order that the client enroll in and complete an additional class.

The court may also reinstate the client on probation under the same terms and conditions. This is the best outcome, obviously.

Asker

Posted

He in county jail right now and he only have 3probation violation I just want to know how long will he be in there