Legal Question in Criminal Law in California

Sentencing on Probation Violation

This might be a rather long questions here. A friend violated her probation by testing dirty for meth, she was originally charged with willful cruelty to child that was also meth related. She had completed a drug treatment program about six months prior to testing dirty. She was recently sentenced to two years in prison for her first violation. I am told that someone sent an annonymous letter to the judge about her and that influenced his decision. She did not have private counsel and relied on the PD. Is there anything that can be done for her now? That seems like such a harsh sentence for a first violation.


Asked on 5/30/06, 10:47 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Sentencing on Probation Violation

The two-year sentence isn't for the violation; it's for the original crime. It's not clear what that crime was but, based upon your description, it sounds like something that would more than support a two-year sentence.

Accepting probation involves making a deal with the government. You agree to abide by the probation terms for a certain amount of time and, in return, they agree that you don't have to serve your sentence behind bars. Your friend made such a deal but didn't live up to her end so the government doesn't have to keep it's end either.

If the court received a letter about the case it should have made the letter available to defense counsel. But if the evidence introduced at the revocation hearing persuaded the court that your friend had violated the terms of her probation, it doesn't matter very much how the information came to light.

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Answered on 5/31/06, 12:20 am


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