Legal Question in Criminal Law in California

my friend was arrested for domestic violence on his girlfriend and he spent 4 months in jail then given 3 years probation and ordered to attend claases. He then was arrested for going to her house and she has a restraing order. He has now been charged with domestic violence and false imprisonment how much time is he looking at.


Asked on 8/27/09, 6:28 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

There is no way to answer this question without more information.

Probation is a chance to avoid serving the full sentence for a crime. When someone is convicted and the judge places them on probation, they have to stay out of trouble and comply with the probation conditions set by the court. If the defendant violates the terms of probation, the judge can impose additional punishment, up to the maximum for the offense.

If your friend is on probation, he could get the balance of a year in jail, minus the four months he served and as much as two months for good behavior, which works out to about four months with credit for good behavior.

If he is on probation for a felony, the sentence could be a state prison term. The maximum term depends on the offense that god him on probation in the first place.

In domestic violence cases, judges tend to take violations of restraining orders very seriously.

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Answered on 8/27/09, 7:40 pm


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