Legal Question in Criminal Law in California

Re: Vop

Nice try, but it won't work. Once they file a violation, it stops the clock on your probation.

So - the violation will be there waiting for you. In this case, you can run, but you can't hide.

Your best shot - contact the lawyer that got you the deal and see if there's any way to get you another chance.

Re: Vop

It's not clear to me from your question whether the probation department has asked the court to violate you. Here is the sequence of events

1) placed on probation

2) failed to satisfy a condition of probation or pick up new crime

3) probation or court becomes aware of your violation

4) warrant issues for possible VOP

5) VOP hearing where you either admit violation or they put on proof and then court either finds VOP or not.

6) If no VOP, then probation resumes. If court finds VOP, then you can be sentenced to prison or reinstated on probation with additional terms or time in county jail.

If, for whatever reason, the court has not issued a warrant for a potential VOP (#4), then your probation is still running and it will expire as planned. Lots of cases fall through the cracks. But fair warning, the PO can submit a notice for VOP right up the last day of your probation.

If a warrant was issued then you will need to speak to your lawyer to develop a plan for #5 and #6.