Legal Question in Criminal Law in California

probation violation

My finacee was on probation for possession and under the influence charges the under the influence was dismmissed and the possession he was on probation for. as a term of his probation term 19 was to attend na/aa classes. is was stricken from his probation in june 2008. In feb 2009 he was aressted for 3 violations, 1, not keepin in contact with probation officer, 2 not notifing of a move, though he didnt move. and 3rd term 19 the na/aa classes. if that was already stricken from his probation how can it be a violation. he is serving 6 months at jails honors ranch, working in the auto shop. he has no other criminal records, let alone jay-walking, he has only 4 points on his record. does this seem very fair to you. Thank you


Asked on 4/20/09, 4:27 pm

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Re: probation violation

"Fair" isn't a word that should enter your mind. Every case is different. To answer your question - as long as there is at least ONE valid basis for a violation, he an be found in violation and subject to additional punishment.

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Answered on 4/20/09, 4:33 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: probation violation

Did the government appeal the order striking the probation term? If so, and if the appeal is still pending, then the disputed term remains in effect and your fiance was required to obey it. Besides, as Mr. Dane notes, if your fiance violated other terms of his probation then it may not matter whether he also violated this one.

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Answered on 4/20/09, 4:37 pm


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