Legal Question in Criminal Law in California

Re: Remanding Order Booking

Yes, it's perfectly legal for the courts to do this. The fact that someone missed the probation violation before does not entitle your boyfriend to escape punishment for it. Justice would not be served by letting administrative errors excuse offenders from serving their sentences.

What kind of punishment he will receive will depend upon many factors, including the terms under which he was originally sentenced to probation. His sentence probably said how much time he would have to serve if he violated his probation. If the action that violated his probation was also a crime in its own right, he could be tried, convicted and sentenced for that crime as well.

Re: Remanding Order Booking

All the "whys" are probably attributable to no counsel at the hearing??? Yes a Court can remand persons if they have outstanding probation violations? If there are such the person is entitled to notice and a hearing on the issue but they may also be incarcerated (pending the posting of bail) until the hearing. or if "agreed to" by the person, the Court can take an admission of the violation and sentence the person immediately.

DJM

Re: Remanding Order Booking

Thank you for your question. A judge has the right to take someone into custody for a probation violation, as probation violations usually cause the court to impose jail time. If your boyfriend served time in another county from Orange County, that may have caused the other county to overlook the fact that he had a probation violation warrant outstanding. To claim that they overlooked it before, however, is not your best defense here.

If found guilty of the probation violation, to answer your second question, the judge alone would be able to offer or sentence a plea, which may range from re-imposing probation, to up to whatever the maximum was for the original crime he was put on probation for.

I hope this helps, but if you do have any other questions, please feel free to email me directly at [email protected]. I'm happy to answer any questions you have directly.