Legal Question in Criminal Law in California

what does a petition and declaration to revoke conditional sentence mean?


Asked on 10/17/09, 2:20 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

A conditional sentence is more commonly known as informal probation. Instead of reporting to a probation officer, a person convicted of a crime is ordered to obey all laws for a specified period of time. There may be other conditions, such as attending substance abuse treatment, submitting to searches and drug tests, making restitution for damage done, just to name a few common conditions. There may also be a period of jail to serve.

It sounds like the defendant has failed to comply with some term of probation. The petition to revoke the conditional sentence could be filed by the probation officer of the district attorney. The declaration is a statement by that person, under penalty of perjury, telling the judge what the defendant did wrong.

The judge could issue an arrest warrant or order the defendant to appear in court, and will schedule a hearing to determine whether the defendant violated the terms. If probation is revoked, the judge could give him or her additional jail time, up to the maximum for the offense.

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Answered on 10/18/09, 7:17 am


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