probation violations

[rexavdec]

What is the name of your state?California


I am 38 years old and before 2001, had no record. In late 90's I got addicted to vicodin and subsequently to heroin. I began committing theft crimes to support my habit....I first was convicted of (1)forgery and (2)fraud, (3)receiving stolen property and within that same time, one count of (4)petty theft and one (5)possession of a controlled substance was run concurrently with those initial charges. In all, I served 4 months. In 2003 I was convicted of my 2nd petty theft for the second of the two counties I was on probation in. I served 6 months and was given 5 year felony probation.

Last month I was pulled over in a third county and charged with possession of a controlled substance. The preliminary offer was 16 months or a possible year in a program. The case was held over until I went to court in county #2 for another possession charge, but this time I was charged with a possession for sales, given the quantity and way the drug was individually wrapped in dime sacks. I was not selling and never have. I was supposed to go to court yesterday to be arraigned but I chose to miss court ,despite my knowing there would n
ow be a warrant for my arrest..I simply couldn't take the chance that I would be remanded into custody for violating my probation by receiving this new charge.

Is that what would have likely happened? Now what should I do? If I get into a program, will that perhaps be my sentence or will time in jail be mandatory? Prison time? Would I have been remanded into custody for violating my probation? I know that violators usually are held with no bail. I want to know if I should get a private attorney and how much retainer is approximately needed. I have lots of questions but mainly want to know what I am facing.

Thanks for your help with my questions.

Shauna

 

[TYRIS]

What is the name of your state?California


I am 38 years old and before 2001, had no record. In late 90's I got addicted to vicodin and subsequently to heroin. I began committing theft crimes to support my habit....I first was convicted of (1)forgery and (2)fraud, (3)receiving stolen property and within that same time, one count of (4)petty theft and one (5)possession of a controlled substance was run concurrently with those initial charges. In all, I served 4 months. In 2003 I was convicted of my 2nd petty theft for the second of the two counties I was on probation in. I served 6 months and was given 5 year felony probation.

Last month I was pulled over in a third county and charged with possession of a controlled substance. The preliminary offer was 16 months or a possible year in a program. The case was held over until I went to court in county #2 for another possession charge, but this time I was charged with a possession for sales, given the quantity and way the drug was individually wrapped in dime sacks. I was not selling and never have. I was supposed to go to court yesterday to be arraigned but I chose to miss court ,despite my knowing there would n
ow be a warrant for my arrest..I simply couldn't take the chance that I would be remanded into custody for violating my probation by receiving this new charge.

Is that what would have likely happened? Now what should I do? If I get into a program, will that perhaps be my sentence or will time in jail be mandatory? Prison time? Would I have been remanded into custody for violating my probation? I know that violators usually are held with no bail. I want to know if I should get a private attorney and how much retainer is approximately needed. I have lots of questions but mainly want to know what I am facing.

Thanks for your help with my questions.

Shauna

-No one can tell you exactly what you are facing. Each charge has a different jail sentence attached to it unless plea bargained down to a lesser time or offense. You also have a violation of probation which could mean that you serve time in jail/prison up to the rest of your sentence (not counting the fresh charges).

I would highly suggest hiring an attorney. Attorney fees depend on how good the attorney may be. If you can't afford one, a public defender will be appointed to you.


Tyris

 

[garrula lingua]

Have you ever done a drug program ?

What was your charge, 11378 ? was it meth or cocaine ?

You can't do Prop 36 for sales, but your atty may be able to negotiate an added charge which would allow Prop 36 drug program.

Without negotiation, you would likely get 16 months in state prison, with 50% good time/work time (you'd do eight month's time). ... or,
if you are trying to get straight, appear on the bench warrant, tell the court you need a drug program, have your atty grovel to the DA & try to get P36. (It's entirely up to the DA)

 

[Fighting mad]

There is no attorney in this country that can keep you out of PRISON!!!!! Say Hi to BUBBA!