Legal Question in Criminal Law in California

If you are on community release for a disturbing the peace charge occuring in July 2006, then receive two charges, one Sept. 24, and one Oct. 25, 2007, then subsequently receive two additional identical charges that are two days apart Nov. 21, and Nov. 23, 2007, and convicted only of the 2006 charge until Dec. 07, 2007, at which time, your convicted of the Sept. and Oct. 07 charges and recieve probation violations. The conviction date of the Nov. 21 charge is Jan 08, with more violations. The Nov. 23 charge is dismissed. What would the correct number of violations be?


Asked on 8/01/09, 4:24 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Four violations could be charged. Each of the four time that you were cited or arrested in one in Sept., one in Oct. and twice in November would each be a separate violation. The standard of proof for a violation is much lower than that required for a conviction. The three convictions are clearly violations and the 4th charge could be charged as a violation and the court could find sufficient evidence for a violation.

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Answered on 8/01/09, 7:05 pm


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