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Probation Violation arrested on failed drug test, possible time/ Consequence?

San Diego, CA |

Served 2mo last yr same time for probation violation, cannot recall. Belive for not contacting probation office. Less than a yr left on probation. Failed 1 prior drug test during probation, held over night. Was scheduled for PO meeting Wed unable to make it so called to reschedule, attended on fri at reschedule date was arrested. Currently held w/out bail. Orignal charge felony consipriacy to burglarize, serve up to 2 yrs. 18yr old at conviction now 20. Was instead put on probation. He thinks he might get 180? Any chance they'll let him come home and just add to his probation time? More than likely what consequence are we looking at? and how likely is it that we will have to serve the rest of the 2 years? (total time in: 4mo+2mo) (probation time: aprox 2 1/2 yr)

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Attorney answers 3


Any speculation about the possible consequences of this probation violation would be meaningless without a complete review of the file, and talking with the District Attorney, the judge and the probation officer.

This young man needs an attorney; if he can't afford to hire an attorney himself, the judge will appoint the public defender to represent him. The fact that he has already had one violation, and served two months, makes it more likely that he will actually be sent to prison for the balance of the two year term.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like Avvo, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.


This person should have an attorney. They wil have more knowledge of options available. This can't be ansewered by anyone else without a complete review of the files and knowledge of the courts.


I agree with the first two answers, however, I would also point out that in light of his past behavior and all the various times he's been in jail, its more likely that he'll do time for the Violation of Probation, then not.

As the other two answers said, its best that he gets a competent experienced lawyer who can point out his good points, if any, to the Court, in order to mitigate his exposure to jail. Otherwise, there is no telling how much more time he will do without further information.

Good luck.

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