Legal Question in Criminal Law in California

Im on felony probation, I got a ticket and did not appear on it so the judge revoked my probation I now have a warrent. So my question is when I turn myself in and get violated for the probation do I have to finish the remaining time that I was sentenced to on the original chrge (that got me on probation) or can they sentence me to whatever amount of time for that original charge

I was convicted of 2 degree robbery they said imposition of sentence suspended to 365 county jail and 3 years formal probation. I only did 2 months in jail.. So when I turn myself in will i do the rest of the 365 or can they give me longer?


Asked on 5/01/12, 7:37 pm

2 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

Sir or ma'am, you've posted this question already ... at least 3 times because I myself have answered 3 different versions. Other attorneys have posted as well. What is it you are asking that has not been answered? Or possibly you are somehow not getting notified of the responses. Check your previous posts. Good luck!

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Answered on 5/01/12, 8:30 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I will cut & paste (some of) them for you:

Probation violation means the judge can return you to jail/prison to finish the remainder of your original sentenced 'time'. It is up to your attorney to plea bargain for something less than that if possible. If serious about hiring counsel to do so, feel free to contact me. While it was quite foolish to ignore the ticket and let it go to warrant, I think it MAY be possible to keep you out of prison if this is handled right. by you and your attorney.

Terry A. Nelson

Nelson & Lawless

18685 Main St., #175

Huntington Beach, CA 92648

On a probation violation (P/V), you can theoretically get the maximum punishment on the underlying charge/case, regardless of what you were sentenced to originally on that charge.

However if the ticket is just for an infraction (like a simple speeding ticket) it may not necessarily cause a drastic result. Either way, you really need an attorney to handle the P/V on a felony case. Hire an attorney who routinely practices in that court. Good luck!

Theresa Hofmeister

Theresa Hofmeister, Attorney At Law

336 South Broadway

Escondido, CA 92025-4207

The answer in part is determined by the type of probation you are on. If you are on "Execution of Sentence Suspended (ESS)" then the judge has wide discretion in how to sentence you. On the other hand if you are on "Imposition of Sentence Suspended (ISS)" then the sentence has already been determined and you may get the predetermined sentence. This may seem rather harsh for a violation that consists of an infraction and the court MAY find a way out of it. In any case you need to get a good criminal defense attorney ASAP.

Zadik Shapiro

Law Offices of C. Zadik Shapiro

15 Boardman Pl.

San Francisco, CA 94103

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Answered on 5/01/12, 8:34 pm


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