What will happen in regards to my probation status after I was arrested during probation? 10 Answers as of December 16, 2011

Yes, probably. A 148(a)(1) is a fairly serious misdemeanor, and certainly one that would violate almost any probationary terms, felony or misdemeanor. What happens if the judge finds you in violation is another issue. The new Realignment laws may come into play now if you were on probation for a felony. That you were allowed to bail out, though, makes me think you were on probation for a misdemeanor.

You should expect a probation violation along with the new charge. It is important that both cases be calendared simultaneously and resolved as a package deal.

Depending in part on what county you are on probation and what county the new offense is charged, the probation dept. might not pickup on the new violation. But it is more likely that they will. The short answer is yes, you will most likely be charged with a violation of probation.

Probably. You could get additional time in jail. Judges generally do not like it when you do things you were told not to do. You were told to obey all laws. Resisting arrest is a failure to obey.

Quite often they don't even bother with the new case. They just revoke your probation on the old case and give you some county time.

This will likely be charged as a probation violation.

Referred to as "resisting arrest", misdemeanor. . This law, however, reads much broader. This offense includes Resisting, Delaying, or otherwise, Obstructing an officer or emergency medical technician (EMT) while he/she is engaged in (or attempting to engage in) the performance of his/her duties. It is punishable by up to one year in a county jail and/or a maximum $1,000 fine. But, as far as the probation violation, this can result in you having to serve time on the prior charge which you were given probation for.

Probably. One term of your probation was "violate no laws". Since you're accused of violating a law, the DA can petition to revoke your probation. The judge can do one of a couple things: either reinstate your probation (possibly with new, harsher terms), or revoke your probation and order you into jail for up to the maximum sentence for your underlying offense. The judge's decision will be based on the nature of the violation and your performance while on probation (is this your first screw-up or part of a larger pattern?). Talk to an attorney about your options.

Most likely. You should hire an attorney to go in to court before a warrant is issued. If you do it early eanough, it won't have turned into a warrant yet. Usually it takes several days before an arrest > PV > warrant. If your original charge was a misdemeanor, an attorney can appear in court for you without you, there by lessening the chances that you will be taken in custody right then and there.

Any new arrest could potentially lead to a violation of your probation. The standard to violate you is by a "preponderance of the evidence" (lower than to convict you on a new charge), so they could choose to file new charges against you and if you're convicted, you'd automatically be in violation; they could file a probation violation and not a new case because it takes less proof to violate you or they could not file anything and you dodged a bullet.