What happens if you don't comply with your probation agreement

You can probably get him out on bail, but not always. He now has a violation of probation which must be adjudicated by the court and on top of that a resisting arrest which is another separate crime that, if convicted, will also constitute another violation of probation. Perhaps you should let him sit a few days so he gets the message that he has to do what he's told. That sometimes works. Good luck with him.

Mr. Robinson is trying to say he doesn't know California law, but he responds with guesses, anyway, to inflate his ranking. I always encourage people to spend their money on a good lawyer before shelling out cash to a bail bondsman. Your grandson is entitled to be brought before a judge within 48 hours of arrest (not including weekends and court holidays), and having an attorney who knows all of the facts, instead of a public defender who is meeting him for the first time in court, can mean the difference between getting him out and having him stay in jail. (Note that I'm not bashing public defenders here. Some of the best criminal defense attorneys I know are public defenders, but they just don't get a chance to meet their clients and collect the necessary information before the first court date.) Since your son had a probation officer, I assume he was on formal probation... which most likely means he was convicted of a felony. In the vast majority of California misdemeanor cases, the defendant is placed on informal probation, where there is no probation officer involved. If he is on felony probation and charged with a violation, the judge can order him held, without setting a bail amount, until the case is concluded. In that case, there would be no way to get him out. There are two possible charges for resisting arrest: Penal Code 148, resisting or delaying an officer, which is a misdemeanor, and Penal Code 69, resisting with force or violence, which is a "wobbler" that can be charged as a misdemeanor or a felony. If you grandson is found in violation of felony probation, the judge could give him anything up to the maximum prison sentence for his offense, minus credit for jail time he has already served. If he is likely to be sent to prison, the District Attorney might not even bother with misdemeanor resisting arrest charges, since a misdemeanor won't increase the length of a prison sentence. His attorney, whether privately retained or appointed by the court, will be able to give a more meaningful answer with access to all of the information about the case. Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

As usual, Mr. Marshall's thorough answer is spot on. I would only add that if the family intends to hire private counsel for your son, do your homework and pick one that will work up the case correctly. Not all private lawyers give their clients the time and attention that the case requires. It would be a shame to pay money and get no better - or worse - representation than he could have received from the public defender who appears in front of the same judge day in and day out. On that same note, assuming your grandson does not have the means to hire a private attorney, the public defender assigned to the case may be far superior in commitment and skill to any private attorney you could afford to hire. There are some very dedicated lawyers working in the PD's office. Good luck, Deirdre