Legal Question in Criminal Law in California

statutes of limitations for prob. violation

I was on probation for poss.of controlled subst. under prop. 200 may of 2000. I violated probation and pled guilty to possesion of a dangerous weapon , and had probation reinstaited w/ a sentence of 14 days of sheriffs work program w/ fines. I left state without fulfilling any of the work program or paying any moneys. My question is this , ''is there a statutes of limitations on this'', and if so how long ??? Also , I was told by an officer of the Fremont Police Dept. that I could be now charged w/ ''Fleeing to avoid sentence'' , is that even an actual charge in the books??? Oh, I had one more Question , was there a law passed a few years(5)back that police can forcefully take blood from you for an under the influence charge and when you refuse to the hospital that you are refusing medical attention. That same cop told me that a law was passed that said , ''when we sign our drivers license we give up our right to refuse to submit a sample. The thing is I wasn't driving when i was arressted. I was sleeping in my house. What's the deal with that??? If you can't answer all my questions thats ok , thank you !!!!


Asked on 9/10/04, 4:07 pm

1 Answer from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: statutes of limitations for prob. violation

There is no statute of limitations in your situation. I am not aware of an offense of "flight to avoid sentence", but there may be one. What you will likely have is a violation of probation. The jail time was a condition of your probation and not doing the time would violate that condition. So, if you don't now, you will likely soon have a warrant out for your arrest. As with any probation violation you can be sentenced up to the maximum time allowed for your offense. If it is a felony the sentence could be prison time, or if it's a misdemeanor your sentence could be up to one year in the count jail.

Yes, the police can take your blood forcibly in a DUI case.

If you have any questions, please feel free to call.

Elena Condes

Tel: (510) 525-4243

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Answered on 9/10/04, 5:46 pm


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