Legal Question in Criminal Law in California

My husband was arrested today for a probation violation. PO searched our house and found a knock off girls gone wild type VHS in a box that hadn't been opened since we moved. Will he really have to do three years like the PO said? He was on a monitor, has been out since July with no incidents, and is getting straight A's in college. They even handcuffed him in front of our 3 yo daughter! Our lawyer is out of town, and I think I have to rehire him because this wasn't covered under the retainer. I'm sorry, I don't have the money to pay you for your time, but any answer would be greatly appreciated!!


Asked on 3/26/10, 11:58 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You haven't provided enough information to give you an answer. Whether your husband will go to prison depends in large part on how significant his violation was. I can't judge that significance without knowing more about his situation.

What is your husband on probation for? Why did the PO care about the tape? Was your husband convicted of counterfeiting such tapes? Did he commit some sort of sex crime, resulting in a probation term that says he can't have pornography? Is the material on the tape pornographic?

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Answered on 4/01/10, 12:21 pm


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