What are the consequences of a first time probation violation? 4 Answers as of June 03, 2011

My brother had a probation violation. Can you be reinstated for first time Probation violation for Vc 10851(A) with prison priory and not finishing work release program he has be running for 2 years? If you get jail time would it be county or be sent to prison? Thank you for your time.

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The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
In general, any time someone violates their probation, they run the risk of going to jail. Just how realistic that possibility is on any particular case ultimately depends on all of the facts and circumstances surrounding the case, the nature of the violation AND the individual's overall performance on probation. As far as your brother is concerned, it sounds like he may be in a tough spot. If he has been to prison before, I would say the chances of him being sent back are greater than someone who hasn't. In any case, the best thing for your brother to do is to contact an experienced criminal defense attorney to thoroughly discuss any and all details of his case. This is the only way you can get a real sense of what is possible on his case. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 6/3/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
2 years. Could be a prison sentence. Judges are not particularly happy when you don't do what you are told to do and agree to do.
Answer Applies to: California
Replied: 6/3/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Potential? Arrested and jailed for the full term of the sentence on the original conviction. Can he get probation reinstated? What will happen to him? Thats up to the court, DA and his attorney to work out, based upon all the facts. If I understand you that he skipped and ran for two years, reinstatement is unlikely, and hell face prison or jail time. The general advice is: No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 6/2/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
A lot of the consequences depend on what court you are in. If a person is on probation for a felony and they violate probation, for a 10851, they can theoretically be sent to prison for the maximum time that is 3 years plus one additional year for a prison prior. What actually happens depends on your jurisdiction and the reasons for the violation, whether the DA or probation can prove it, how much time you have already served, etc. You really need to consult with an attorney since this can be quite serious.
Answer Applies to: California
Replied: 6/2/2011
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