QUESTION
What happens when you get a violation in prop36 for not being in compliance?
Asked on Jun 04th, 2012 on Criminal Law - California
More details to this question:
Im in prop36& im also homeless&struggling to comply with what prop36 expects me to do.Im scared of going to jail.I have court today at1pm and i dont have the proof of attending orientation even though i did attend also i am sapose to attend two pre treatment groups a week and i havent been able to attend due to being homeless&financial hardship.I m scared and i dont know what to do
5 ANSWERS
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What happens? A violation of program completion could result in revocation of probation/program and return to jail/prison on the original sentence, or to court for resentencing.
Answered on Jul 05th, 2012 at 4:00 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It may be too late to answer this question, but you should have kept your court date and explain to the judge why you are not in compliance with your Prop 36 orders. The judge may cut you a break and give you more time. You should also discuss this with the attorney who is handling your case.
Answered on Jul 03rd, 2012 at 12:34 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Prop 36 programs are usually very forgiving. You have to mess up multiple times before you are thrown in jail. In fact, PC 1210.1, the statute that governs P36 programs legally provides for automatic reinstatement, up to three times, if you sustain a new law violation that is drug related (not sales).
Answered on Jul 03rd, 2012 at 12:22 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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One violation nothing, after 2 violations a thrid petiton can get you jail or prison time up to the maximum for the crime you admitted.
Answered on Jul 02nd, 2012 at 8:37 PM
Pretty simple. You go to jail if the Judge won't give you another chance.
Answered on Jul 02nd, 2012 at 3:18 PM