Legal Question in Criminal Law in California
This is in regards to probations. My father was sentenced for 3 months in jail and he was told to do a program after. My father hesitated for few reasons and he was told that he will go back to jail if didn't agree. Is he really going to be send back to jail? And why?
2 Answers from Attorneys
I I cannot tell you what is "really" going to happen. It may depend on what side of the bed the judge wakes up on. But I can tell you that it is a violation of probation and he may go back to jail. If it is certain felonies he may go to prison.
I wouldn't normally answer such basic question but this one seemed 'sincere'. If he fails to comply with all terms of his court ordered sentence and probation, he will be charged with 'violation of probation' and likely re-sentenced to the original jail/prison term he avoided by agreeing to probation. You don't 'blow off' a court order without consequences.
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