Probation Violation Or Not
My question involves criminal law for the state of: California
My fiance was sentenced to 90 days and once he is released he will be on probation for 3 years. He received a new charge for something different 6 days before he was sentenced to this charge he is currently doing time for but the court date for the new charge will not be till after he gets released. Is this a probation violation even though he got the new charge before he was even sentenced for the original charge or placed on probation?
Re: Probation Violation Or Not
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cmc11580
My question involves criminal law for the state of: California
My fiance was sentenced to 90 days and once he is released he will be on probation for 3 years. He received a new charge for something different 6 days before he was sentenced to this charge he is currently doing time for but the court date for the new charge will not be till after he gets released. Is this a probation violation even though he got the new charge before he was even sentenced for the original charge or placed on probation?
Yes, it would be a probation violation if he is convicted of this new crime while on probation. He is not allowed to be convicted of anything while on probation.
He can NOT grandfather this in, it is not allowed.
You need to speak to his attorney and advise him/her of this so they can try to work this out before the problem comes to light. He may also face a HOLD on his release in 90 days when they run a background check for the release.