DA petition to revoke probation!!!

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DA petition to revoke probation!!!

My boyfriend got arrested on 4/30/09. He is on probation I found out later from county jail that they dropped all his new charges but they still hold him for a violation of probation. His next hearing is on 5/7/09 for DA petition to revoke probation. That’s mean he will has to do a maximum time served from the last time that he was got on probation. If his new charges were dropped. Why did they still file petition to revoke probation on him? I don’t want him to go back to jail. Is there any chance for him that they won’t put him back in jail?

Asked on May 6, 2009 under Criminal Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It's very hard to give you very much information without knowing a lot more about the case.  The first set of questions would include if he's violated probation before, which your question suggests, "from the last time that he was got on probation." If so, what did he do then? Also, what the original conviction was for, the sentence, how much jail time has he done, what is he doing now, the basics.  The answers to those questions probably lead to some more questions.

There are several ways your boyfriend might have violated probation even if he didn't do anything that they could charge him for, or if they didn't have enough proof to press charges.  The first example that comes to mind is, one of the typical conditions of probation is to stay away from other ex-convicts. If your boyfriend's last arrest was with other people arrested and one or more of them had records, there is a violation.  It doesn't really matter what the group of people, or any of them or your boyfriend, were or weren't doing.

It sounds like your boyfriend needs a lawyer.  He can find one at http://attorneypages.com

         

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