A common situation our clients on probation face is being arrested for a new offense. They often remark that they are just unlucky. The client then faces not only a new criminal case, but a probation violation case that could land the client in jail or prison for significant time. This is especially so because the burden of proof is lower for a probation violation.

When the new case is a felony, judges often propose that the probation violation hearing and the new case’s preliminary hearing be held at the same time.

In Myesha Quarterman’s case, she was placed on felony probation in 2008 for various theft-related offenses (identity theft (Penal Code § 530.5), receiving stolen property (Penal Code § 496(a)) and four counts of commercial burglary (Penal Code § 459)). She was then arrested in 2010 for pawning a camera and camera accessories, allegedly with knowledge that the items were stolen. She was charged with receiving stolen property (a felony) and violating her probation