Legal Question in Criminal Law in California

probation violation

My x-husband moved in with me in 2002 after he became destitute and homeless as a result of his felony drug conviction (meth and cocaine) but did not report to his probation officer (he claims he was reassigned and the probation officer did not return his calls, and so he gave up. Now he is afraid to contact anyone for fear of going to jail, cannot get anything but handyman work. To the best of my knowledge he has stayed clean and sober

and does not associate with any of the people who were his drug cohorts in the past. Is there any way he could get back into the system without going to jail?


Asked on 8/15/06, 1:17 am

3 Answers from Attorneys
Jay Leiderman Leiderman Devine LLP

Re: probation violation

Sure, there is. I may need more facts, but if his conviction was for simple possession, it is possible, but not certain, that he can be placed on Prop 36 probation. A case called Guzman may stand in his way. I would need more information to know if I can help. You may contact me, if you like. Good luck.

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Answered on 8/15/06, 2:09 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: probation violation

I have had many a probation reinstated with little or no penalties. It is fact dependant. He has the best chance with a retained attorney. Call me directly at 16192223504. 18 years experience practice in most California Counties.

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Answered on 8/15/06, 2:06 pm
Terry A. Nelson Nelson & Lawless

Re: probation violation

By voluntarily contacting the probation officer and court [assuming reasonably that there is an arrest warrant outstanding] with exactly that story supported by witness declarations and other evidence. However, he would be far better off having counsel represent him in working out a 'deal' with the PO and DA prior to him personally appearing, in part to show he is serious and sincere, in part to make sure he doesn't get jailed immediately without prior knowledge. Feel free to contact me if interested in doing it right.

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Answered on 8/15/06, 2:24 pm


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