Pacific Palisades, CA asked in Criminal Law for California

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

Related Topics:
2 Lawyer Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.