Legal Question in Criminal Law in California
Follow-up to Arrested while on Probation Question
I am sorry to keep posting the same question, however I have been advised by the individual involved in this whole mess that he was NOT given diversion for his original offenses � possession of controlled substances and concealed weapons. Instead of doing jail time however, he was required to do 240 hours of community service (3 days/week for 10 weeks) � which he did religiously -- plus a nominal fine (under $1,000 I think). In lieu of this new information, I believe the advice given by Attny Ronald Richards �it is a diversion case. Tell him not to worry.� may have changed. So Attorney Richards, do you think that he will be as lucky as last time, i.e., no jail time, even though he was rearrested last month on the same charge (minus the concealed weapons) while on probation (unsupervised).
Incidentally, he was not tested for drugs either time (no DUI�s in either case), and this last time was allowed to pick up his impounded car (the car which has no insurance or current registration) the following day. I mean, that was the initial reason he was pulled over in the first place � no current tags � Was this an oversight on their part, or is it up to their discretion who receives the �mandatory� 30 days vehicle hold? Just curious
1 Answer from Attorneys
Re: Follow-up to Arrested while on Probation Question
Usually when an individual is on probation and is accused of commiting another criminal act, violation of probation complaint is filed. The most usual result of a probation violation is incareration in county jail, for a misdemeanor, or state prison, for a felony. He definitely needs to obtain the services of an attorney. If he cannot afford to retain an attorney, he should request the appointment of an attorney.
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