Legal Question in Criminal Law in California
Probation Violation
I am currently serving 3 years probation. There have no problems during this time. I have served almost one year to date. Last February a certified letter arrived at my home & my room mate declined to accept it. She didn't know who or what it was about, and casually mentioned it to me after a week or so.
Last week I was informed that the letter was from the probation dept & not responding to that letter ( even though I didn't know what it was ) was violation of my probation and I am now being sentenced to one year in county jail or 6 months in state prison.
Is this the normal penalty, how can I lesson the term?
1 Answer from Attorneys
Re: Probation Violation
I responded earlier but don't recall if that's when my computer went down.
This scenario is a bit unusual. A dumb girl roommate isn't unusual. Normally Probation wants to know how to find you. You didn't say if you've been sentenced on a felony. However, it appears that you were. Nor did you indicate if your probation was formal or informal. I'd be very surprised if you've been sentenced on a felony to informal probation. However, I'd not be surprised if you'd been sentenced to formal probation and then cut to informal probation by your probation officer.
You've left too many holes such as the crime you've been sentenced for committing. How serious was the crime? All in all the time in jail that you've given in your facts is also a bit strange. I really doubt that you'd be now sent to prison for six months. Since their good time work time is 50%, you'd do three months. That's a lot of taxpayers' money for missing your mail. Judges usually like to know if a first class mailing of the letter accompanied the registered letter.
I'd go to the court house and have my file(s) sent to the sentencing judge and then he/she will usually take your information and have the probation office resident in the court make a few telephone calls to handle the matter. If you're reluctant to do that make an appointment to go into probation and resolve the problem. You might be required to show evidence that you've continued to reside there. With all the very bright women that are around to room with you need to find one to room with. And the probation officer needs to send along first class mailing with the registered mailing.
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