Q: Will I have stricter probation or will I serve jail time?
I was sentenced 45 days for joy riding in California but got put on probation for 3 years I did not report to the kiosk machine and now have an arrest warrant for my arrest what will happen if I get arrested
A: If you wait until your picked up on the arrest warrant you will remain in custody until you are brought back to the sentencing court. The court will remand you into custody pending a probation violation hearing and an updated report from the probation department. Your best course of action would be to return to court while you are still out of custody with a good explanation on why you didn't timely report to the kiosk machine. If there were other terms and conditions of your probation such as paying a fine
or making restitution if you could take care of those financial matters before you return to court it would demonstrate your good faith to comply with the court orders.
A: You will be incarcerated until you can be brought forth to a magistrate in the county where you were originally sentenced and whom you reported to probation department for. There usually is a NO BAIL provision so as to ensure your mandatory appearance before the court. You will be arraigned on the violation of probation and will have an opportunity to present your side of the story at an evidentiary hearing. As to the "stricter" portion of the question the district attorney and court may consider factors for applying additional terms and conditions to your probation since you have demonstrated an inability to comply with court orders so far. Please discuss this issue with your attorney.
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