Legal Question in Criminal Law in California

My boyfriend is on probation in San Bernardino county, CA and his probation officer has revoked his probation. He is now in custody and has a third court date in July. His probation is being revoked for not checking in, going to AA meetings and signing up for a alcohol class. He has not committed any new crimes. If his probation is revoked can he be sentenced for a longer period of time than when his probation would be completed. His probation expires in April 2011, can he be sentenced to serve jail time for longer than April of 2011?


Asked on 6/27/10, 12:52 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

In some cases, when a judge puts a defendant on probation, he sentences the defendant, but suspends sentence on the defendant on the condition that the defendant comply with the terms of the probation. When probation is revoked, the suspended sentence becomes the sentence of the defendant. I say "some cases" because in drug cases, the defendant is normally put into several different programs, including diversion and DEJ (Deferred Entry of Judgment). When these are violated, the court still has to give the defendant Prop 36. All that I can tell from the information that you gave was that the underlying charge had something to do with alcohol. I suggest looking at the original charge, and finding out what the original sentence was. If you cannot find the original sentence, you may want to repost your question in this category with the actual charge (Penal Code section ??) and someone would be able to advise you of the sentence.

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Answered on 6/27/10, 9:31 am


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