Legal Question in Criminal Law in California
prop36
if a person is on prop 36 and is arrested for child endangerment will this constitute violation of probation under prop 36? further if that charge is dropped and if that charge violated probation under prop 36 will that violation also be dropped
1 Answer from Attorneys
Re: prop36
Committing a criminal offense, not related to personal drug use, while on Prop 36, is grounds for Prop. 36 probation violation and for removal from the Prop. 36 Program. The defendant would have the right to a probation violation hearing. The arrest itself is not sufficient for violation. The prosecution could proceed with probation violation petition even if the new criminal charge is dismissed. In fact, they sometimes drop the new charge and instead opt to proceed with probation violation, but not necessarily. Everything depends on the facts and equities of the situation. This case requires a defense attorney. Feel free to give me a call for a free consultation.
Jacek W. Lentz
310.273.1361
www.lentzlawfirm.com
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