Legal Question in Criminal Law in California

violation of probation with a joint suspenstion

My boyfriend recentley got a paraphanilia ticket and his P.O. gave him a chance to get into a rehab. Which he did, then in the midst of finding him a 90 program after he got out of detox, he got picked up on a warrent for not showing up to probation. he id not commit a crime he just should have been in treatment not out on the streets. He has a joint suspension of 3 years for an assult charge along with two possession for sales. Is it possible for him to recieve his joint suspension for this violation, even though he didnt commit a crime? He just had not made contact with his P.O. I heard you have to commit a felony in order to recieve your joint suspension; is this true? And do you think it would make any difference to come in contact with his P.O. to see what he plans on doing? Please answer I am so worried.


Asked on 1/25/09, 9:35 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: violation of probation with a joint suspenstion

In a situation like your boyfriend's, any violation of probation, even a minor one, can result in being sent to state prison on a sentence that has already been given but has been suspended. That said, his situation might be resolved successfully by an effective and diplomatic lawyer who, among other things, might be able to convince the PO and other Powers That Be to allow your boyfriend stay on probation.

If your boyfriend cannot afford a private lawyer, he should plead with and beg his PO and the judge if necessary . . .

Feel free to contact me if you are looking for additional advice and to retain a lawyer in Southern California.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 1/25/09, 10:09 pm
George Moschopoulos The Law Office of George Moschopoulos

Re: violation of probation with a joint suspenstion

Committing a crime while on probation is not the only way in which the terms of probation can be violated. As part of the terms of his probation, he is required to make and keep certain appointments, and failure to do so can result in a probation violation and a warrant for his arrest.

There are no guarantees, but if you retain a private lawyer to speak to the probation department, provide documentation of his enrollment, that he is successfully completing the terms of his drug program and appear before the judge, he has a decent chance of getting the warrant recalled.

Feel free to contact us if serious about help.

www.NotGuiltyInCA.com

George M.

714.904.1669

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Answered on 1/25/09, 10:27 pm


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