What is the likely Traffic division court hearing sentence?

Criminal Defense 9 views 4 answers
MERCED COUNTY: my brother-in-law is on felony probation for residential burglary.he has since tested dirty for marijuana as well as being a suspect in a homicide in merced,ca. He has been issued traffic ticket on two separate occasion, w/ out reporting any of it to his P.O . ABe now has a hearing in traffic division. What will most likely be his sentence? If you could respond ASAP that would be great. Thank you.

Attorney Answers

4
Eric Dumars ·
He just needs to go to court. Answer for the tickets and tell his probation officer about the contacts with law enforcement. He should lawyer up about the other matters and say nothing! Say nothing! Consult with counsel immediately.
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Brian K WanermanCriminal Defense AttorneySacramento, CACA licensed ·
Your brother needs to hire an attorney IMMEDIATELY to advise him. He could potentially be sent to prison on the residential burglary conviction if his parole is violated.
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Gayle Gutekunst ·
Mr. Dumars is correct. I write only to add that your brother-in-law had better go to court and make absolutely sure he gets no warrants. Why? If he is a suspect in a homicide and police want to detain him for a while but have no real probable cause they can use the warrants. That will give them at least 2 court days to have him available for questioning. It's a common tactic. He needs to get right with his PO, too.
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Pablo Fabian ·
Typically simple traffic infractions are not matters that would violate probation, but as the other attorneys have mentioned, consult with a local criminal defense attorney and tell your brother-in-law to say nothing as to the pending criminal charges/investigations. Missing a court date, even in traffic will escalate the charges to misdemeanors which will likely result in probation violations. In addition, if your brother is sentenced in traffic court with fines, and later sentenced to state custody, the vehicle code provides that his pending traffic charges be dismissed.
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