Legal Question in Criminal Law in California

Im on felony probation, I got a ticket and did not appear on it so the judge revoked my probation I now have a warrent. So my question is when I turn myself in and get violated for the probation do I have to finish the remaining time that I was sentenced to on the original chrge (that got me on probation) or can they sentence me to whatever amount of time for that original charge

I was convicted of 2 degree robbery got sentenced to 365 county jail and 3 years formal probation. I only did 2 months in jail.. So when I turn myself in will i do the rest of the 365 or can they give me longer?


Asked on 4/30/12, 12:34 pm

1 Answer from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

On a probation violation (P/V), you can theoretically get the maximum punishment on the underlying charge/case, regardless of what you were sentenced to originally.

However if the ticket is just for an infraction (like a simple speeding ticket) it may not necessarily cause a drastic result. Either way, you really need an attorney to handle the P/V on a felony case. Hire an attorney who routinely practices in that court. Good luck!

If I understand you correctly you are saying you were sentencing to one year in county jail and served only 2 months of that sentence, or only about 16% of the sentence. You can be sentenced on a P/V separately (i.e., sentenced again). While I think I understand what you're asking, it is a slightly different focus. I hope this answers your question.

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Answered on 4/30/12, 1:16 pm


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