Legal Question in Criminal Law in California

My som was arrested for code 243 e 1 pc. but he's on probation for drugs. if he's found innocent for the first charge will he's probation be reanstated?because after the first court date. they added two more charges wich are code 11377 a hs and code 11550 a hs. does this violate his probation?


Asked on 4/24/11, 2:46 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

He will never be found 'innocent'; that simply is not done. CAN the case end up being dropped? Of course. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them. That's not how the system works, obviously. IF there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to defend the charges and keep the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts. IF the can is dismissed, then the dismissal can be used in defense of the probation violations as well.

If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me to arrange a consultation to discuss the facts and fees.

Read more
Answered on 4/25/11, 11:49 am


Related Questions & Answers

More Criminal Law questions and answers in California