I'm a member of a local online group and today, a message came across the board reading:
Yesterday, an officer responded to Main Street regarding a subject brandishing a knife. Upon arrival, the officer located and detained the subject. It was learned that the subject was on felony probation. Based on the investigation, the subject was arrested and booked into jail.
A few things here but first and foremost, the subject was not just on probation, but was on FELONY probation. What that means is that if the person gets caught doing ANYTHING against the law, like...oh, I don't know - threatening people with a deadly weapon...that they can (and probably will) revoke probation and can send that person to jail/prison for OVER a year.
While I'm not a criminal, I tend to think like one (see if you don't get this way after working with the public for over 12 years). In this case, if you're going to be brandishing a weapon, have the good sense to dispense with or hide it before the police show up on the scene. Since you did not have the good sense to hide your weapon, might I suggest you either give your local bar association a call and seek legal counsel, or have a family member go over to your local county law library to take a look at:
Yesterday, an officer responded to Main Street regarding a subject brandishing a knife. Upon arrival, the officer located and detained the subject. It was learned that the subject was on felony probation. Based on the investigation, the subject was arrested and booked into jail.
A few things here but first and foremost, the subject was not just on probation, but was on FELONY probation. What that means is that if the person gets caught doing ANYTHING against the law, like...oh, I don't know - threatening people with a deadly weapon...that they can (and probably will) revoke probation and can send that person to jail/prison for OVER a year.
While I'm not a criminal, I tend to think like one (see if you don't get this way after working with the public for over 12 years). In this case, if you're going to be brandishing a weapon, have the good sense to dispense with or hide it before the police show up on the scene. Since you did not have the good sense to hide your weapon, might I suggest you either give your local bar association a call and seek legal counsel, or have a family member go over to your local county law library to take a look at:
- Criminal Defense Techniques (Lexis; Vol. 2, Ch. 47: Revocation of Probation)
- California Criminal Law: procedure and practice (CEB; Ch. 46: Revocation of Probation)
- California Criminal Practice, Motions, Jury Instructions, and Sentencing (Thomson Reuters; Vol 5, Ch. 58 (this has a great section on the "how" to oppose a probation revocation)
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