Legal Question in Criminal Law in California

Re: how probation violations are tried. With no new case.

Probation violations (PVs) amount to a "mini-court trial (w/out jury). Evidentiary matter for and against the defendant is accetted by the court in determining reasonable cause to revoke the grant of probation.

Once known, the prosecutor, probation officer or other appropriate official has a "reasonable" time to file the revocation. Once in custody, or if the def. is in custody on a new arrest (whether new c/s is actually filed or not); then the time standard is viewed in light of what is reasonable balanced against potential prejudice agnst def in his ability to defend (ie, prepare, acquire, etc. evidence). However in one c/e prosector not filing for in excess of approx. 12 weeks was ruled to be reasonable.

u are given the basis and supporting docs at the initial apprance b/4 the judge.

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Also no judge (absent other evidence/special circumstnces) is going to rule on the merits absent a new probation report-its appealable if done b/c considered an abuse of his discretion.

In la county turn around for such a report is (easily) 10-15 actual days if not more.

Re: how probation violations are tried. With no new case.

Generally, arraignment on probation violation should happen quickly but then courts normally wait and keep defendant in custody for a couple of weeks which is a standard amount of time in which probation office generates a probation report. Once the report is ready courts are generally ready to proceed with the probation violation hearing which can result in re-sentencing or restoration of probation on same of new terms. This of course varies somewhat from county to county and court to court.

Feel free to give me a call if you are looking to retain an attorney in Southern California.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com