Legal Question in Criminal Law in California

A friend of mine had a warent because he failed to see his probation officer. He was on probation because he had a drug charge, the police eventually found him and sent him to jail. What would his violation be? That he failed to see his p.o. or the reason why he was on probation? And how long would he be in jail?


Asked on 4/10/10, 10:06 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Probation is basically a contract with the judge. The defendant promises to do certain things, like not committing new crimes and reporting to a probation officer as ordered, and the judge gives the defendant another chance, imposing something less than the maximum.

By blowing off his probation officer, your friend broke his end of the bargain, and the judge can now give him anything up to the maximum sentence for the offense. The judge may also give him another chance on probation, possibly with some jail time as a sanction.

His sentence will depend on the conviction that got him on probation in the first place. If it was a misdemeanor, the maximum is a year or less; if it's a felony, he could be looking at several years in prison.

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Answered on 4/16/10, 9:21 am


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