Legal Question in Criminal Law in California

My boyfriend got a strike for a vandalism charge. He has 3 years of probation. He was out on house arrest and one day they came and picked him up because he violated his house arrest. He spent 3 months in county jail. He was released on Oct 1st. On Oct 8th he got a ticket for driving without a license. My question is what can happen? Is there more possible jail time? Anything will help. Thank you


Asked on 10/11/09, 9:15 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

I'm puzzled why you are calling this a "strike." To be considered a strike under the Three Strikes law, an offense has to be listed as a violent felony under Penal Code 667.5(c) or a serious felony under Penal Code 1192.7(c). Vandalism, Penal Code 594, is not listed in either statute.

Probation is a grant of leniency by the court. Instead of imposing the maximum punishment, the judge gives the person a chance to prove he or she can follow the rules and stay out of trouble for a specified period of time. Your boyfriend isn't doing a good job of following the rules.

Since he committed the new crime of driving without a license, it is very possible that he will serve more jail time, both for the new offense and for the vandalism charge. The judge could give him anything up to the maximum punishment for the vandalism charge: a year if it was a misdemeanor , or three years in prison if it was a felony. (Penal Code 594 is a "wobbler," which means it can be charged as a misdemeanor or a felony.) He could also be reinstated on probation, but that gets less likely with each violation.

He needs a lawyer to assist him. If he can't afford to hire a lawyer, the judge will appoint the public defender to represent him.

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Answered on 10/11/09, 10:52 pm


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