Legal Question in Criminal Law in California

Re: probation reviewmy son is on

Hello---Thank you for your question. It would appear from the way you state the Court event, that even though he got a plea bargain on the Threats Charge that he is still being held on the violation of Probation. This probably would NOT have occurred IF the plea bargain had included the Probation Violation, thus with that separate issue still not resolved your son is held without bail being set. You probably need an experienced, Criminal Defense Attorney to deal with the DA and the Court to try to argue that both matters should have been (and normally are) resolved at the same time, without further jail time. If you would like to discuss further, call (562) 754-7422 or email us. Attorney Woodworth

Re: probation reviewmy son is on

That depends. If the deal your son made with District Attorney is that he will be released on the probation violation when he comes to court, then he may come home at his next court date. In some counties the District Attorney's Office doesn't file felony probation violations if the new offense is a misdemeanor. However, if there is no deal with respect to the probation violation, your son's admission to the disturbing the peace offense can be used in his probation violation hearing. If there is no deal in the probation violation case and if he is found in violation of his probation, he can be sentenced up to the maximum amount of time available for that particular felony. If he doesn't have an attorney, he really should talk to one before the goes to court on the felony probation violation.

Good luck,

Re: probation reviewmy son is on

It depends upon the language of the deal he signed. Chances are that the deal only covers the recent disturbing the peace charge and has nothing to do with the original felony. If the two charges were brought in different counties then the new agreement almost certainly says nothing about the first charge.