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  1. #1
    Join Date
    Mar 2017
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    6

    Default How Long Will I Go to Jail for a Probation Violation

    My question involves criminal law for the state of: California

    Hi, I got convicted of a 12500 a (VC) misdemeanor earlier this year and got put on 3 years unsupervised probation.
    Part of my probation was to pay court fines each month ($50), I wasn't able to pay on time this month and now the full remaining amount ($351) is all due.
    Over the weekend I got a notice in the mail reminding me that my balance was deficient and on top of that it said:
    "a warrant of arrest and/or a civil assessment (additional $300) will be issued"

    I don't have the $351, let alone $651; should I just turn myself in and go to jail?
    -do you think I could pay off the remainder by being in jail, and how long would I possibly be in for?

    *additionally: my record was clean before the 12500 a (VC) if that matters and also I've been unemployed this whole time I've been borrowing money from friends and family to pay up to this point*

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How Long Will I Go to Jail for a Probation Violation

    If the notice says a warrant will be issued if you do not pay, but no warrant has been issued, get your act together, make your payments and put it behind you.

    If you need more time, then inquire with the court about getting before the judge before a warrant is issued, and ask for more time. You can explain to the court why you were unable to make your payments on time despite a good faith effort to do so. You can inquire with the court about whether there is another option, such as participation in a community service program, that will allow you to earn credit toward your unpaid assessments.

    Don't wait until after the warrant is issued.

  3. #3
    Join Date
    Jun 2017
    Location
    California
    Posts
    459

    Default Re: How Long Will I Go to Jail for a Probation Violation

    Contact the clerk's office and find out how to put yourself on calendar to talk to the judge. Don't wait. Do it today.

  4. #4
    Join Date
    Mar 2017
    Posts
    6

    Default Re: How Long Will I Go to Jail for a Probation Violation

    Thank you Mr. Knowitall and LegalWriter for your replies. I realize judges are busy people, but do you think it would be a bad idea to just go to the courthouse when they first open to make an appointment/speak to the judge?
    Or would I possibly be held there since they'll obviously know it's me

  5. #5
    Join Date
    Dec 2009
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    Lake Chapala
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    3,043

    Default Re: How Long Will I Go to Jail for a Probation Violation

    Quote Quoting inkfilm16
    View Post
    Thank you Mr. Knowitall and LegalWriter for your replies. I realize judges are busy people, but do you think it would be a bad idea to just go to the courthouse when they first open to make an appointment/speak to the judge?
    Or would I possibly be held there since they'll obviously know it's me
    Why can't you call the clerk's office? Wouldn't that be easier than going to the courthouse?

  6. #6
    Join Date
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    Default Re: How Long Will I Go to Jail for a Probation Violation

    The judge is not going to discuss your case with you ex parte. For that, you need to get before the judge in court, at a hearing on your case. Short of that, speak to a clerk and see what information you can obtain, or consult a lawyer.

  7. #7
    Join Date
    Mar 2017
    Posts
    6

    Default Re: How Long Will I Go to Jail for a Probation Violation

    Again thank you everyone. So I was told I have to fill out a motion to speak to the judge and then a date will be set where I can get in front of them. I'm still concerned about the warrant though, can it still be issued after I file for a motion to speak with the judge?

  8. #8
    Join Date
    Sep 2005
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    Default Re: How Long Will I Go to Jail for a Probation Violation

    If you fail to comply with the terms of your probation then, yes, the judge can order your arrest. It's thus best to comply.

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