Legal Question in Criminal Law in California

I am on probation with about 5 months left of a three year probation term. I was arrested for pc 69 at the trolley station because I was running from the MTS security. I was convicted of pc 69 nearly three years ago but the case was much different. At the time of my arrest, I verbally apologized to the officer several times and tried to convey that it was a misunderstanding. What will likely happen.


Asked on 2/12/11, 12:25 pm

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

You're asking lawyers, not fortune tellers. Nobody can predict what might happen in your case without a complete review of the evidence.

Committing a similar offense while you're already on probation obviously isn't a great thing. After going through the court system once, you should also know that you should use your right to remain silent when you're arrested, instead of apologizing or trying to convey ANYTHING.

You need a lawyer. In addition to a new crime, you're facing a probation violation in the old case. If you can't afford to hire a lawyer, the judge will appoint one when you're going to court.

Penal Code 69, resisting an officer by force, threats or violence, is a "wobbler" that can be prosecuted as a misdemeanor, with a maximum of a year in jail, or a felony with up to three years in state prison. In addition to any time for a new offense, a probation violation could get you anything up to the maximum for the original offense, minus credit for any time you've already served.

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Answered on 2/14/11, 7:39 pm


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