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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  9+ years defending Misdemeanor and Felony cases.
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My 33 year old son was arrested on a flash incarceration for

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My 33 year old son was arrested on a flash incarceration for a probation violation after serving more than 10 months of his post release time. His probation officer did not specify what the violation was but it could have been a failed drug test. He is scheduled to be released in 10 days. Will this add time to his one year probation period? He is in San Diego, CA and his family is in Texas. We have been trying to get him back home where he has a job, place to live and family support.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

I am sorry to hear about his situation and certainly understand your concern. If he did fail to comply with a term and condition of his probation, he could be in violation. As such, it is possible that his probation could be revoked and he could be sent back to jail, to finish the sentence. This is not automatic but something which could happen. The State may also consider reinstating and extending the probation, allowing him to remain on it but for additional time. Unless he goes to a final VOP hearing and wins, some type of additional sentence will be added. Since he did not pick up a new charge and only had a technical violation, paired with it being his first time, the State should be lenient, if he was willing to take a plea. When he appears in court, he can inquire about a plea deal but would get credit for any time in which he has been held. If you did want him to move back to Texas, he would need to file a motion and get permission from the court, to have his probation transferred.

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