Legal Question in Criminal Law in California
i am currently on felony probation and drug testing every 2wks. I have not yet done my asessment. My question is can i be violated before the assement is done? and is there a way to fight my case to keep me from doing an impatient program or more time.
1 Answer from Attorneys
You can be violated any time after you have been sentenced but only for acts occurring after you were placed on probation. As to whether you are required to do a residential program: If a residential program was not ordered by the court the decision is left up to the Probation Department, assuming that there is a clause permitting drug treatment in your probation order. If the Probation Department or the DA files a motion to revoke your probation you are entitled to a hearing before a Superior Court judge without a jury. If a motion has been filed or if you think a motion may be filed you should immediately obtain an experienced criminal defense attorney who can try to negotiate a resolution without you doing additional custodial time.
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