Legal Question in Criminal Law in California

My Brother was on Felony probation for a non-violent crime in California (Kern County). He did one year in county jail and was supposed to serve 1 year in residential drug program. That was in Feb of 08. He was not checking in to probation every month like he was suppose to but did stay in contact with his PO. His PO gave him a dead line to enroll in program. He did One week Late. After staying in program for 2 weeks he went to see his probation officer and was arrested. For probation violation (basically not getting in program soon enough).

He was Bailed out and went to court 3 times For revocation of probation. Finally He was arrested in court. And was told he would be sentenced in 2 weeks. He did not have a warrant for his arrest nor commit any new crimes. Now he is facing up to six years. And He has the option of bail again wich is crazy to me. We do not have money for a lawyer and we need advise.


Asked on 1/26/10, 1:13 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your brother is entitled to the services of a public defender if he cannot afford to hire a lawyer. He should have asked for one the first time he went back to court; hopefully he hasn't said or done anything to weaken his position during his three pro per appearances.

Your brother should contact the Kern County public defender's office ASAP to seek their representation. If he is in custody and cannot do this himself, you can start the process for him by calling the PD and explaining the situation.

Good luck.

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Answered on 1/31/10, 2:18 pm


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