Legal Question in Criminal Law in California

violation of probation
i have been on felony probation for 2 years and 11 months out of a 3 year term in riverside county california. i recently picked up another charge in san bernardino county so my probation officer extended my probation until they know what is going to happen in san bernardino county. well san bernardino has not filed on me yet and its been about 4 months and i dont think they are going to. But my probation officer is violating me on the sb charge even though they havent charged me and now im wanted because i missed my violation court date in riverside. is there anything i can do other than turn myself in, my public pretender isnt doing anything about it. i dont feel i should have been violated when san bernardino hasnt charged me with anything and my probation would have been over by now since i only had 1 month to go when i picked up the other charge (well not charge) any help would be greatly appreciated, thanks, john

Asked on 2/20/07, 3:04 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: violation of probation

Thank you for your question, and for the opportunity to both help and advise you further.

Because probation violation cases are decided based upon a preponderance of the evidence, even if a case isn't filed, it wasn't illegal for your probation officer to file the case, even if the case in San Bernardino wasn't yet filed.

If you missed your court date, there is a warrant out for your arrest, and likely a "no bail" hold, since you're now a flight risk.

Any crime or law enforcement contact within the time period you were on probation (and you stated this occurred before probation expired), would be enough to charge you with a probation violation.

I hope this helps, but if you have additional information, have other questions, or would like legal representation, please feel free to email me directly at [email protected]. It's my pleasure to help you in any way that I can, and thanks again.

Answered on 2/23/07, 4:48 pm

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