Legal Question in Criminal Law in California
If a person is on unsupervised probation for a misdemeanor in LA and receives a misdemeanor charge in san Bernardino is that a probation violation and what will be the consequence.
2 Answers from Attorneys
Of course. An arrest and new charges anywhere is chargeable as a probation violation. Consequences will be determined by your attorney's ability to negotiate a plea bargain that includes the PV. In addition to the new crime, you face potential commitment to jail/prison for the term of the original sentence imposed that was suspended for probation. If you are serious about hiring counsel to help, feel free to contact me.
If the court in LA learns about the misdemeanor charge in San Bernardino, the LA court may set a probation revocation hearing. This could happen if the court in San Bernardino, after realizing that you are on probation, notifies LA. LA is a bit unorganized, but I wouldn't count on it for protection. I suggest you get an attorney who can defend the charges in San Bernardino, and handle the probation revocation hearing in LA, if and when that happens.