Legal Question in Criminal Law in California
OK....so here it is. My roommate/good friend/co-worker was taken into custody for 'violating probation'. He is behind in his community service hours. here's the thing....If he were to be on schedule....he would be doing community service about 40 hours a week! How is he supposed to keep a job?!?! He has been employed full time the entire time of probation and has no priors up until this one which was for forging checks a couple years ago....stupid yes, I understand. sense then he has really cleaned up his act. He goes to therapy twice a week, works full time, and stays out of trouble. Is there an way to keep him from serving jail time??? He wont have court until Tues.
1 Answer from Attorneys
I tell my clients that probation is like a job. You agree to do certain things, and the judge "pays" you by giving you less than the maximum sentence. Like any job, if you don't do what you promised to do, or you don't show up when you're supposed to, you can get fired.
Unfortunately, if you're on felony probation, your next job might be making license plates at Folsom Prison for 85 cents an hour.
Taking the job analogy a step further... if you can't make it work on time due to a personal emergency, you should call your boss ahead of time to explain. That goes over a lot better than blowing off your responsibilities and explaining later.
Your friend should have contacted the court or his lawyer sooner to see if the community service schedule could be modified. Those requests always go over better if they're made BEFORE the defendant gets hauled into court in handcuffs.
Now he needs to work with his attorney to convince the judge not to throw the book at him. If he can show that he's so busy with his other obligations that he couldn't complete the community service, the judge could reinstate him without additional jail time. However, if it looks like he just blew off his community service obligations, the judge could give him anything up to the maximum sentence.
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