Legal Question in Criminal Law in California

My boyfriend committed a crime in San Bernardino County, CA and served 270 days in county jail and was given 3 years formal probation. He signed a plea bargain dropping some charges but did not have any jail time suspended, he served his 270 days. His probation has now been revoked for not checking in and signing up for classes he was supposed to. He has not nor is he being accused of committing any new crimes, his probation is being revoked for not following all of his probation terms. My question is, can he be sentenced to a period of time that would exceed the end of his probation period. For example, his probation ends in Feb 2011, can he be sentenced to do jail time past Feb 2011?


Asked on 6/27/10, 1:25 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

When he was sentenced, the court should have stated how long his overall sentence would be. Having violated probation he can be sent back to serve the remainder of that sentence (the total amount minus the 270 days he has already served). He can indeed be locked up beyond the day his probation would have expired.

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Answered on 6/27/10, 6:12 pm
Anthony Roach Law Office of Anthony A. Roach

Mr. Hoffman is correct. I believed you asked a separate version of this question earlier. You need to look at the original sentence terms, to determine what the total sentence was, which was suspended when he was put on probation. You can do this online at the website for the San Bernardino Superior Court.

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Answered on 7/01/10, 12:10 pm


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