Legal Question in Criminal Law in California

I was convicted of grand theft in 2007. I had 3 years probation and Feb 2010 marks 3 years. I have technical violation due to not completing all probation terms. I have a court date scheduled for next week. What is likely to happen. I have missed a few payments here and there and I still need to complete my caltrans. I would like a little more time to do this. Is it possible that they will allow more time.


Asked on 12/29/09, 7:14 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Although it isn't quite as serious as committing a new crime, most judges don't consider failure to complete the basic requirements of your probation a "technical violation." A technical violation is something like completing a required class but failing to submit proof of completion to the court.

If you are having trouble completing the requirements, like the community service with Caltrans, it is far better to ask for an extension BEFORE you are charged with a violation than waiting until the violation is charged.

It is possible that the judge will extend your probation for another year or two and give you a chance to complete the requirements. It is also possible the judge will impose some jail time for the violation or to replace the community service you failed to complete, or permanently revoke your probation and sentence you to anything up to the maximum for the offense.

Grand theft is a "wobbler" that can be charged as a felony of a misdemeanor. if you were convicted of a misdemeanor, you could be looking at a year in jail; if it was a felony, the maximum sentence was three years in state prison.

Probation is like a full-time job. If you don't show up or you don't do the work, you can get fired and, if you're on felony probation, your next job could be making license plates at Folsom for 65 cents an hour.

You need an attorney to assist you in this matter. If you can't afford to hire one, you are entitled to court-appointed counsel and the judge will appoint the Public Defender.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/03/10, 11:22 am


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