Legal Question in Criminal Law in California

Failure to appear to probation hearing
Seven years ago my fiancee was charged with taking a vehicle without permission. Placed on five years felony probation. Non-compliance could mean 16 months low-term in prison.He failed to pay his fines. He had a probation hearing, he got scared and didn't go. A warrant was issued a few years later. He was picked up and transferred. They wouldn't release him on his OR. No bail was set.The D.A. said he was on the run. He moved here soon after and had always been here. I don't consider that being on the run.His public defender told him that they would use this time to decide to either release him or send him to prison. My fiancee hasn't committed any crimes or been in trouble since his original court date seven years ago. He has a job here. We had started attending our local church. Things were looking really well for us. We have a 3 year old son who needs him. What can be done to avoid a prison sentence? What can he do in the meantime? Is there anything I can do to help him avoid a prison sentence?I can't believe he could go to prison for 16 months for not going to a probation hearing. He is not a violent offender. His sentencing is coming up soon, two weeks. Please advise me on what can be done. Should I try to talk to his P.O.?

Asked on 6/26/04, 2:07 pm

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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Re: Failure to appear to probation hearing

Get lots of friends and relatives to show up at the sentencing hearing. Have your pastor, and anybody else you can think of, write to the judge.

Answered on 6/26/04, 2:38 pm

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