What will happen to an offending party in a pc148.1(A) probation violation? 7 Answers as of March 03, 2011

Three years ago my brother did the stupidest thing and got arrested, booked, and released on probation. The terms were: restitution, probation, and community service. Three years have passed and not a peep, he has been quiet and been doing 2-3. But as of 2/7/2011, he received a hearing for a violation: pc148.1(A) on 2/3/2011:technical. from what the form says. Now he is afraid of what will happen in court, despite my request to just go. But the court date is 3/8/2011 at 8:00 am. My question is will there be an immediate bench warrant for failure to appear and how can this matter be resolved without unnecessary conflict? This matter has been a problem for a while and must be resolved. Thank you for your time.

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
No warrant will be issued if an attorney appears for him on his behalf. The benefit of that is, if he isn't there, he won't be taken into custody, at least not right then and there. Oftentimes an attorney can appear without the defendant and have the probation revoked and reinstated with little or no punishment. Of course, there is still the PC 148 that remains to be dealt with. Considering hiring a lawyer to handle both the PV and the pending 148, so the two proceedings can be handled together strategically (for example, if the 148 court does not know about the PV, certain things can be done to achieve the best outcome).
Answer Applies to: California
Replied: 3/3/2011
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
He definitely needs a lawyer as if he interfered with an arrest while on probation he is in deep doo doo. It is not written in stone that he will get time but I will be surprised if he doesn't. Good luck to him.
Answer Applies to: California
Replied: 2/27/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
If he fails to appear, it is guaranteed an arrest warrant will be issued and his probation revoked. That would put him back in jail/prison on the original sentence. If he appears, then his attorney will have to try to do effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, which could possibly keep him out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. If he is serious about hiring counsel on this, have him contact me.
Answer Applies to: California
Replied: 2/27/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
Yes, a warrant will be issued Call us immediately.
Answer Applies to: California
Replied: 2/27/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
He should hire an attorney to assist him. It is unclear but it appears he picked up a new case with brought about the probation violation. It would be a bad idea for him to fail to appear. If he cannot afford an attorney he should request the services of the public defender.
Answer Applies to: California
Replied: 2/27/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Not going to court is a very bad idea. It would only make whatever is pending worse. If he shows up on time, the probaility of going top jail on the 8th is very small. I have no idea what is meant by , "been doing 2-3". If he has paid the fines, completed the community service and paid the restitution fine, or is at least consistently paying on them, and has not been cited/arrested for anything other than minor traffic infractions, there shoud be nothing to be concerned about. If he is still paying on the fines, perhaps the intent is to get an extension of probation. If so, especially if it is restitution, he should object to any continuance as that becomes a civil judgment at the end of probation.
    Answer Applies to: California
    Replied: 2/27/2011
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