View Full Version : I'm on probation, If I get a new charge, will I go to jail for a violation?


ricardo one
08-27-2008, 03:46 PM
i would like to know if on probation and get a new charge will you go to jail for violation im out on bail right now and worrie that i would get violated i have a 3 year joint suspention and havent told my po about the charge could anyone give me any advise

marcole6
08-31-2008, 04:54 PM
If you have a suspended prison sentence, I'm 99% sure a new charge would send you to prison...The whole idea is that the prison sentence was hanging over your head, to keep you from getting in more trouble. Good luck!

patswife4-ever
08-31-2008, 06:19 PM
My husband was on probation with a 2.8 year stay on a prison sentence. The first time he violated (with a new charge) he just did county time. The 2nd time he violated, he got his 2.8 year prison sentence. It is all up to your PO and if they are going to violate you. I would definitely tell your PO what is going on. Not telling your PO looks like you are trying to hide something.

Good Luck to you!!

Gryphon
09-01-2008, 03:02 PM
I have bad news.
You might want to hold off talking to your PO until you talk to your lawyer.
That suspended prison term means that the Judge sent you to prison already, you just didn't go yet. If you are convicted of the new charge, the chance of a state prison VOP is very high. You'll need to talk to your lawyer about the best way to handle this mess. maybe you can beat the new case, but you could still be facing a violation hearing. Maybe you can avoid additional time or loss of credits resulting from the new case.
There's some chance that the State Prison sentence won't be imposed. However, a judge has already told you what happens if you violate, so it'll be an uphill battle at best if you are only going to receive additional local time rather than prison.
It is also unusual to be out of custody with a suspended prison VOP pending. Be prepared to be taken into custody.

Tamitha
09-02-2008, 12:19 PM
My BF violated 2 or 3 times before they revoked his probation and sent him to Prison. It was pretty much up to the P.O.

But then again he wasn't picking up new charges, just violating with dirty tests.

Good Luck

Gryphon
09-02-2008, 03:28 PM
...and he likely didn't have a suspended CDCR term, which is the original poster's problem.

My BF violated 2 or 3 times before they revoked his probation and sent him to Prison. It was pretty much up to the P.O.

But then again he wasn't picking up new charges, just violating with dirty tests.

Good Luck

Tamitha
09-03-2008, 12:07 PM
Doesn't it have to be a suspended CDCR term? How else could a violation (no new charges) send him to prison? His original sentence was 2 years and he was put on probation. When he violated for the last time they gave him credit for all the time he did in County on violations and sent him to Wasco to finish the 2 years.

I think that's a suspended CDCR term? Isn't it?

Gryphon
09-03-2008, 12:53 PM
Any probation violation on a felony can send the violator to prison on the original sentence; for up to the maximum prison term. A suspended term means that the court has already selected the length of a prison sentence. On a suspended sentence, the court will have warned the probationer that any future violation will trigger the suspended term. There is a way that the Judge can back out of the suspended term, but seldom happens.

Doesn't it have to be a suspended CDCR term? How else could a violation (no new charges) send him to prison? His original sentence was 2 years and he was put on probation. When he violated for the last time they gave him credit for all the time he did in County on violations and sent him to Wasco to finish the 2 years.

I think that's a suspended CDCR term? Isn't it?