Legal Question in Criminal Law in California
What will happen at a hearing (charge- intent to sell drugs) when there is a technical violation of the probation?
3 Answers from Attorneys
Not enough information. What were the circumstances of the original case that resulted in probation. What were the circumstances of this case. What drugs, how much, was there a search or a traffic stop. Why do you think an arrest for intent to sell drugs is only a technical violation of probation. Who, what, when, where, and why.
Anybody's guess. You gave no facts on which to form an opinion, which is why you need to consult with counsel you intend to have represent you, if you want an informed opinion. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.
You are entitled to the services of a public defender if your income falls below certain levels. That would be the person to ask, as they have access to your prior records, know the law, and know the propensities of particular judges. Have you posted bail? What is the likelihood the new charge will stick? Have you entered a plea? All things being equal, your probation is about 50% likely to be revoked and you'll probably get a little jail time, but it depends upon your priors and their seriousness.
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