Legal Question in Criminal Law in California

probation violation

This question is address to Attoney Todd Jones: I missed my court date(probation Hearing) last week. Violation included: failure to report, failure to complete program(not court ordered), (7) positive urine samples, and picking up new charges((M)PC529.5). My original charge was a PC666 (aprox. 1 yr ago), and drug possession, and possession of stolen property case (convicted in 1996). They seemed to have violated me on both probation terms. I was on the calender twice(2 docket#'s). Same violations except (7) positive samples, was NOT under the PC666 case. I understand I am exempt from prop. 36 because of the PC666. But, with all my violations being drug related, could I qualify? I've been told I'm faceing a 3 yr prison term. Can you help?


Asked on 12/27/01, 1:42 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: probation violation

I'm not Todd Jones, but you do have a difficult situation and I would recommend you get an attorney to handle your case.

PC 666 does make you ineligible for either PC 1000 or Proposition 36. However, this might be worth discussing with the prosecutor or the judge to see if they can strike one of the charges as part of a plea bargain, or allow you to attend Prop 36 as part of a suspended sentence, and then reimpose probation. Takes a good argument, and best of luck to you -- please feel free to call me at 1-877-568-2977 with any questions or email my office.

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Answered on 12/27/01, 8:33 pm


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