Legal Question in Criminal Law in California

I was charged with a felony and got 365 days and 3 years probation. I did 4 days in custody . I violated probation and did the whole 365 less 4 days. My paperwork has no state prison time suspended upon completion of probation. There is a space but was left blank along with the box that is not checked. Can I still do more time if I violate probation or is my commitment fulfilled


Asked on 11/19/11, 12:01 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

Yes you can do prison time if you violate your probation. You got an "imposition of sentence suspended' (ISS)sentence, which means if you violate your probation the judge can decide whether or not to send you to prison and if he/she sends you to prison he/she can also decide the amount of time you get. If you had gotten an "execution of sentence suspended"(ESS) sentence the judge would have decided what your prison sentence would have been at the time you were placed on probation. Generally an ISS sentence is considered to be better than an ESS sentence since under an ISS sentence the judge is not mandated to send you to prison.

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Answered on 11/19/11, 9:33 pm


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