If I’m on formal felony probation, got arrested for a felony and bailed out, at what point in the legal procedure will I be taken in to custody?

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If I’m on formal felony probation, got arrested for a felony and bailed out, at what point in the legal procedure will I be taken in to custody?

Today I had my “pre-preliminary trial”. My next court date is my preliminary trial / determining if there was a violation of probation. I was offered a plea bargain today, but I’m not yet sure what it is have to talk to my public defender. Will I be taken into custody for my probation violation before I am convicted of my new crime? And if I choose to take the plea before it goes to trial, will I be granted time to get my affairs in order? Is it common to be out on bail and taken into custody right then and there in the courtroom? Or do you usually have a turn-in date?

Asked on November 28, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, it appears that you have yet to be charged for violation for your current probation status stemming from a prior felony. The plea bargain that you have written about pertains to your new charge.

I suggest that you consult with a criminal defense attorney as to your situation for the simple fact that you seemingly will be charged with a violation of your probation in the near future. When charged, you could immediately be arrested and taken into custody.


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