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    lifequestions's Avatar
    lifequestions Posts: 3, Reputation: 1
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    #1

    Mar 12, 2009, 04:58 PM
    Prison time for not doing community service
    What is the lowest term to serve in prison, in California, for violation of probation? My friend did not do his community service and received 2 years in prison. His probation was not even up for another 5 months! (out of doing 3 years) does this seem fair?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Mar 12, 2009, 05:04 PM

    Fair has nothing to do with it. You would have to see the original sentencing paperwork or Final Disposition of the case when he was originally sentenced to see what the Judge had originally ordered. In that paperwork it would have contained the punishment for not completing probation successfully. It's what the Judge made a "note" of at the time of the original sentencing so he could "remember" in case the person came before him again.

    Find a copy of the Final Disposition and I'm sure the 2 years are in there for violation of probation.
    lifequestions's Avatar
    lifequestions Posts: 3, Reputation: 1
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    #3

    Mar 12, 2009, 05:22 PM

    I have the disposition and it states nothing about 2 years. They order him for 3 years probation and 60 days in jail-which he served.

    At his hearing, earlier this month, the judge ordered him to serve 16 months but his disposition says 2 years in prison. Can he appeal this case since his probation wasn't technically up until June this year? Thank you
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 12, 2009, 05:39 PM
    No, the 3 years probation is instead of 3 years in prison. That is what a probation is, a chance to not to serve it in prison. The person on probation knows this, or should, that if they break the rules they get to serve the probation time in prison instead. They are sent to prison for violation of probation, in this case refusal to do community service.

    So if you break the rules anytime during that 3 year period, you can be sent to jail for 3 years.

    And you keep saying his probation wasn't technically up, that is the point, he is going to prison instead of staying on probation.
    topend's Avatar
    topend Posts: 30, Reputation: -1
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    #5

    Mar 12, 2009, 06:03 PM

    Like Fr_Chuck said, he was sentenced to 3 years and will do that 3 years either in jail or on probation out of jail. It wouldn't matter if he only had one day left on probation, if he violates, they can still make him do the whole 3 years in prison. And the time on probation usually will not count unless the judge gives it to him.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 12, 2009, 06:08 PM

    The judge does not have to give him the full 3 years, they can give them 2 or 1 ( if it is less than 1 it is normally done in jail instead of prison)

    And they may even end up on parole, after serving 1/2 of the prison time, they may get out on parole for the remainder of the prison time.
    topend's Avatar
    topend Posts: 30, Reputation: -1
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    #7

    Mar 12, 2009, 06:55 PM

    From the first post, sounds like he got 2 years. And no, it's not fair, but it happens all the time.

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