My bf served 1 month in jail on residential burglary after taking the deal of 3 years probation first offense in October 2017. Only evidence against him was half finger print nothing more so he was dumb for taking the strike. He was doing good on probation worked two jobs always checked in with his PO. Always passed his drug tests. On April 2018 we got into a fight thing is I was found by police and accused him of domestic violence so he got charged and arrested 5 days later. He's been in jail 8 months without being able to bail due to violation of probation. I already said the truth at prelim but they still going forward with the case.. Is it a good idea for him to fight for his bail. I give birth this month. If he bails how long can he postpone his trial for? He wants to work to get a lawyer. Is it better to fight a case on bail, will it get weaker if he does good. He has good defenses like my credibility and my mental health, no prior domestic violence, my history of ptsd and suicide attempts. He never hit me I broke his windshield and got my injuries like that. I was on drugs and antidepressants. If coming clean gets me prosecuted I have my own defenses. But he isn't guilty.
Probation violations are typically held with no bail.
San Diego County Criminal Defense. 20+ years experience. Put my experience to work for you!
He can be held without bail on the felony probation violation. Residential burglary is a "strike" under the three strikes law, so he can be held without bail on the probation violation.
This answer is a general discussion of legal principles by a California lawyer. It does not create an attorney-client relationship. Free initial consultation applies only to individuals with current or potential criminal charges in Butte County, California and adjoining counties.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline