Legal Question in Criminal Law in California
Formal Probation w/Conditional Strike has new charge for boyfriends drug paraphe
I had just done a prob. violation for being in proxcimity of boyfriends pot and pipe, crank pipe, and scales. Now there has been new charges filed for posession of these. I already have 2 convictions of paraphernalia poss. 1 of posesssion of meth. What would be the possible sentence for this? Will my probation be automatically be revoked? Should I expect to be remanded into custody when I go to court? What if he were to go w/me and tell the judge that they were his? Please reply. Thank You for your time.
1 Answer from Attorneys
Re: Formal Probation w/Conditional Strike has new charge for boyfriends drug par
Thank you for your posting and your inquiry.
It's difficult to tell without looking at your case history, but it sounds as though you were arrested on the second violation, and went to court first on the probation violation related to your first case, and now are facing charges from the second time possession/paraphenelia matter.
If that's the case, then your probation likely wouldn't be revoked, as that was addressed already, once, when you accepted a probation violation (and I think that is what you meant by "I had just done a probation violation").
Will you be remanded into custody if you go into court? If you already posted bail, probably not, but it is always up to the judge, and a judge can set bail above the county's recommended guidelines for bail.
If your boyfriend would go into court and state that it is his, perhaps at a future court date, he has a right to be appointed separate counsel to protect his right against self-incrimination, and his attorney would likely recommend against this tactic.
I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.
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