Legal Question in Criminal Law in California

If a man is unable to perform what is required under formal probation such as appearences,fines that he can not afford,reporting to a probation office when , more often than not he is bed ridden because of the onset of debilitating health issues that are non curable (congestive heart failure,copd,emphysema,diabetes,ect) and his failure is nothing more than his inability to simply get out of bed. Isnt there a point in law where justice is not served by failing to recognize that the mans life is shorter every day and violating his probation and putting him back in jail for said violation as if it were an act of defiance or disreguard on his part?And he is allowed to spend his remaining time without interfering with threats with the process of law punishing him any longer?

Asked on 9/04/13, 7:08 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane
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For it to be a violation of probation, it must be willful. In other words, a person must have the ability to do what is required and then not do it.

If this is a one-time thing, there can be a second chance. If there comes a point that it is not feasible, there must be a request made of the court to modify the sentence and delete or modify the term that cannot be completed.

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9/04/13, 9:10 pm
Terry A. Nelson Nelson & Lawless
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While Mr. Dane's answer is technically correct, you are going to have to try to make your arguments and pleas for sympathy to the judge in a probation violation / revocation hearing unless you deal promptly with your PO and get his consent to changes to your probation orders and issues. Seeking sympathy from anyone else is of no value to you legally. If you are serious about hiring counsel to represent you with your PO, or to file appropriate court motions seeking changes to your probation terms, or to defend you in a violation hearing, feel free to contact me.

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9/06/13, 2:16 pm

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