California penal code?
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California penal code?
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Information: my brother has been in the county jail for over 45 days. Yesterday was his court date which they were suppose to sentence him. But they didn't because the probation officer FORGOT to see him. so the judge says that he can be OR or stay in the jail until his next court date, but they wont let him out do to his bail being too high. because it was the probation's fault he has to wait until his next court date when he could have already been out.
QUESTION: is their a penal code in California that says that they cant do hold him, because it was the probation's fault?
Additional Details
probation is suppose to see him before his trail to write a report of what they should sentence him. but probation forgot to see him, so now he has to wait until they see him.
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Cabbie Luvr
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If he was NOT on probation, yes. Since he is on probation and is probably charged with something violating the probation terms, he can be held for as long as it takes and will be given credit for time served when resentenced for violating probation. |
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Jennatellwertz
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No there isn't If your brother violated his probation they can hold him for up to 3 months. In most cases 3 months is about what you get for a probation violation, and if his P.O. wants to violate him he has already done 1/2 of the time that he would most likely get.
If this is misdemeanor probation I would recommend having him just flee his probation when he gets out and move to either another state or another county, and don't ever go back to the county his probation is in. Most counties use probation as a way to trap people and make them feel as though there is no way out of the crappy town they grew up in. Probation is the way dieing towns prevent the Brain Drain from happening. |
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