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Sentencing After Probation Violation

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  • 12-24-2007, 10:58 PM
    ctys20
    Sentencing After Probation Violation
    I'm on probation (5 years) for felony vandalism to a house that was willed to me but is now in probate court. My question is what will happen if I refuse formal probation.

    I was already sentenced to 1 year county (Los Angeles) - and was out in 6 weeks but I still have the credit for the 1 year. The maximum sentence on a felony vandalism is 3 years.

    So, if I refuse probation does that mean the most time I can do is the 2 years left? And then no probation or parole?

    Is it possible just to do my time and not have probation/parole?

    Thanks.
  • 12-26-2007, 09:17 AM
    Mr. Knowitall
    Re: Sentencing After Probation Violation
    You can tell the judge that you prefer prison, and see what happens. The judge doesn't have to honor your request. The judge could, for example, stick you in jail for six months then put you back on probation.
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