What is the Punishment for a Probation Violation?
What is the Punishment for a Probation Violation?
If you violate felony probation, the court can send you to California State Prison for up to the maximum term. Depending on the offense for which you were originally convicted, the maximum term can be 18 months or longer. If you do get sentenced to state prison, you will get credit for any custody time you already served on the case (dating back to the original arrest). If there was…
Read MoreCan I make a motion to expunge my record in Orange County under Penal Code Section 1203.4 while I’m on Probation?
No. Under Penal Code 1203.4 you cannot bring a motion for expungement of criminal records in Orange County while you are still on probation for any offense. This means even if you are no longer on probation for the case you wish to expunge, your motion will be denied if you are on probation for any other criminal offense. Wallin & Klarich can Help You... Some clients retain us to…
Read MoreIf you are convicted for possession of drugs when will you be drug tested?
Drug possession may lead to probation. After you are convicted of drug possession if you are put on probation you will likely be required to drug test on a random basis when requested to do so by your probation officer. If you test dirty this can be considered a probation violation and you can be sent to jail. If you are enrolled in a court approved drug program there is…
Read MoreCan I go to jail for not paying my DUI fine?
YES. When you are convicted of a DUI you are placed on probation. One of the terms of your probation is to pay the fine. Most courts will permit you to make payments on the fine over an extended period of time. However, if you fail to pay the fine within the time period allowed by the court a warrant will be issued for your arrest for a probation violation.…
Read MoreWill I go to jail if I violate my probation?
If you are on probation to the court for a felony then there is a high chance that you will be arrested for a probation violation by your probation officer. In most cases where a person is on felony probation they are taken into custody if the probation officer believes that they have violated any of terms of probation. They often are not entitled to bail and will remain in…
Read MoreWhat happens if I am on probation for misdemeanor petty theft and I am arrested for drunk driving? Can I be sent back to jail?
The answer is definitely yes. When you plead guilty to petty theft the judge could have sentenced you to up to six months in jail (if this was your first offense) or up to one year in jail (if this was your second offense). When you were sentenced the judge put you on probation and likely did not impose a jail sentence. One of the terms of your probation was…
Read MoreIf I am on probation for a felony will I have a probation officer? If I violate my probation can he put me back in jail without bail?
In most cases the answer is YES, if you are on probation for a felony conviction you will have a probation officer. If you violate probation that means the probation officer can arrest you without a warrant and put you back in custody. Normally you will have no bail until the judge decides what your punishment will be for violating your probation. However, you have a right to a criminal…
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