Legal Question in Criminal Law in California

I just recently got off of 3 year court probation but was arrested 5 days before my probation ended for under the influence spent 4 days in jail and was released with no charges in the interest of the public. I just received a letter from the DA's office with a court date for a criminal complaint and summons. I called the DA's office and they told me that it was for under the influence at the end of April. My first question is what is the date that this case will have? Will it be when it happened (still on probation) or when the court date is (Off probation)? My second question is when they originally arrested me at the end of April I had in a pouch a $400 check from the IRS $1,400 cash another check for $15 or so dollars and a $50 lottery ticket I won. The officer took all of that and my phone and all of my boyfriends money who was also arrested and release with no charges 3 days later. I have been trying to get my property back since the beginning of May and I was told now that I have to wait until I have been sentenced to get my stuff back but I also have to request a summons from the judge to get it. I am trying to straighten up my life and being off of probation is a HUGE step! Now what can I do if anything to stay off of probation get my stuff back and move on?! Thanks for your help.


Asked on 6/06/12, 4:12 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

Unless either the DA or the Probation Department filed a motion to revoke your probation prior to the termination of your probation they cannot allege a violation of probation.

If the only charge is being under the influence I do not know why they are keeping your money. If you are hiring an attorney to represent you on the under the influence charge you should talk to the attorney. If you are going with the Public Defender you should talk to the deputy public defender when one is appointed to represent you.

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Answered on 6/06/12, 4:23 pm


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