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  1. #1

    Default Is Driving Without a License a Probation Violation

    My question involves criminal law for the state of: California
    My son is 18 yrs old and on probation. Recently he was involved in a accident where he hit 2 posts in a parking lot. He got a citation for driving without a license. Does this qualify as a violation against his probation? What can he do to help the situation? Any help will be most appreciated.
    Thanks

  2. #2
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Inquiry About What the Definition of Probation Violation Means

    If your son was already on probation for another offense, committing a new law violation is definitely a violation of probation. It is often the case that the VOP will result in harsher penalties (depending on what that offense was) than the underlying new charge that gave rise to it. He will have to attend a probation hearing where a judge will decide either to reinstate his probation, add additional sanctions as conditions of probation, or revoke probation and send him to jail. Probation is considered to be a rehabilitative alternative to jail, but where a person cannot remain law abiding, jail is always a possibility because probation is obviously not having the intended rehabilitative effect.

    Only a lawyer can help in this situation. There's little he can other than cooperate completely and honestly with his lawyer. This is NOT a do-it-yourself situation.

  3. #3
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Inquiry About What the Definition of Probation Violation Means

    Yes it is.

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