Legal Question in Criminal Law in California

Violation of Probation

My husband was given a $3,000 fine and three years probation for a misdemeanor, which was handled in UT. He has 1 1/2 years left and payed the fine right away. He has never had any problems while on probation until now. His new Probation Officer drug tested him and the test came back dirty. They told him to go to 90 NA meetings in 90 days. They did a second drug test only 4 days after the first one. It's been 2 1/2 weeks and we never heard anything back about the results of the test. My husband has been in touch with his PO throughout this time, and his PO acted as though things were fine. My husband has gone to every meeting and enjoys them. Yesterday he went for his monthly report and during their meeting his PO excused himself, then came back with 2 U.S. Marshalls saying that he was under arrest for testing positive and violating probation. They didn't take another test. Can he insist on another test while in jail and can/should he have an attorney present when he goes in front of the magistrate? Thank you very much for any help.


Asked on 7/03/99, 5:59 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Violation of Probation

Your husband should have an attorney with him when he appears before the magistrate. If you cannot afford to hire anattorney he should request the appointment of a public defender.

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Answered on 7/14/99, 3:26 pm


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