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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 486
Experience:  Attorney and Counselor at Law
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Can you please tell me what time someone would be looking at

Customer Question

Can you please tell me what time someone would be looking at if he had violated pc code 3455(a) for the 3rd time
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 6 months ago.

Is this an arrest for a violation of probation?

Customer: replied 6 months ago.
All arrests
Customer: replied 6 months ago.
violation of probation
Expert:  Colleen Grady replied 6 months ago.

A person under this section would face the following possibilities after a hearing has been held and a violation has been found:

(1) Return the person to post release community supervision with modifications of conditions. The conditions would be stricter than before. With this there could be a period of incarceration in a county jail.

(2) Revoke and terminate post release community supervision and order the person to confinement in a county jail.

(3) Refer the person to a reentry court or other program in the court's discretion. This could be a community drug treatment or mental health treatment. The purpose of reentry court programs is to promote public safety, hold offenders accountable, and reduce the chance to return to jail.

Please let me know if you have more questions. I will be happy to help more. If you are satisfied with my help, please rate me.

Customer: replied 6 months ago.
I got that from the California pc online, but what kind of jail time would he be looking at?
Expert:  Colleen Grady replied 6 months ago.

You can face the amount of time left on your sentence.

Expert:  Colleen Grady replied 6 months ago.

What was the term of your probation?

Expert:  Colleen Grady replied 6 months ago.

The person's probation, sorry

Customer: replied 6 months ago.
This person has stipulation to not have any contact with his girlfriend for 3 years. Of course he violated that order as soon as he got done serving 30 days in county jail. He also popped dirty for amphetamines and a stolen check.
Expert:  Colleen Grady replied 6 months ago.

You mention a "stipulation" to have no contact. There must be a restraining order in place. That means this person has committed a new crime. That will be a violation of probation. The stolen check is another crime. The drugs in his system and the new crimes are violations of probation. He could face jail for the time he was given probation. So, if he was given 3 years probation, he could get 3 years.

If the check was less than $950, he could get time in county jail for not more than one year and a fine of up to $1,000. If it was more than this, it is a felony and he faces two to three years in county jail and a fine of up to $10,000.

The violation of a restraining order for the first time is a misdemeanor. Violating this could lead to one year in county jail and a $1,000 fine.

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