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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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my fiance was convicted in Missouri of tampering with a motor

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my fiance was convicted in Missouri of tampering with a motor vehicle, and two counts of passing bad checks all three are class c felonies. she was sentenced to 7 years (suspended) and 5 years of probation of which she has served 53 days in county jail and 120 days in prison(DOC). She was released on June 27, 2007. She was on probation after this and left the state in October, but a absconder warrant wasnt issued until April 2007. she was arrested in north dakota yesterday and is going to be extradited to Missouri. she probably has techinal violations (a)not finishing court ordered out patient drug program (b) not paying fines (c) not reporting and (d)absconding. Is she facing any new charges? Also how much time is she facing for the probation violations or what can happen to her?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

hi

 

as an absconder it is going to be tough - she will have the violation of probation hearing - of course, upon return she will be held on no bail status. at the violation hearing the judge can very well impose the remainder of any suspended sentence, but should allow some credit for any time served - the 53 days and 120 days - perhaps, if she had verification that she was enrolled in an inpatient drug treatment program for a year or so then the judge would withhold a disposition to terminate the probation until after that is successfully completely and if it is then the court might be inclined to continue the probation.

 

as to a recommendation, we can not refer specific lawyers but i suggest you contact the Missouri lawyer referral - good luck

 

Customer: replied 6 years ago.
before i accept this answer i realize that she is an absconder but you kind of answered the question rather quick so i suggest that you do a little more research as to prior cases and give me some precedents on these type of cases because i feel that you did not do enough research and dont bs me. i was on probation and left the state of louisiana for 18 months and never reported, an absconder, as you say and the judge terminated my probation. if you could please research and let me know
Expert:  Samuel II replied 6 years ago.

hi

 

i am speaking from experience. i do not have access to case law as precedents on appeallate review. if the case is still active, meaning not expired as in her 5 years is not up and her behavior is due to drug abuse and an addiction then the only saving grace will be that she has a bed committment ready and waiting for her for inpatient treatment, as i stated. you can call around and get such a committment from a local facility or even one out of state - they are costly but sometimes they waive their fees because they have grants they can give. you can use this link to help you locate them. if you can bring the committement on letterhead to the judge then, as i stated, it is possible that a disposition can be withheld upon her successful completion - i did not say a judge would do this. i said that it was likely the probation would be terimated and suspended sentence imposed. but if you want to keep her out of prison the inpatient is probably the only thing that will work.

 

if you are not satisfied with my answer, please do not accept and give payment. let me know, and i will opt out and perhaps, another expert will have a more satisfactory answer.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22340
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 8 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Mr. Samuel,

i am very satisfied and i realize that i am going thru a lot of emotions right now and i did not mean to insult you or your experience as a criminal attorney. even though she is going to probation revocation they will still let her go to a drug treatment facility? because i can get her into one that i went to in minnesota called "The Retreat". a place where i went when i absconded a little information that i left out. i appreciate all of your work on this and i will accept the answer after you write me back. i give you my word.
Customer: replied 6 years ago.
guess you are not answering
Expert:  Samuel II replied 6 years ago.

hi

 

yes. many times a judge will take the drug rehab over incarceration. and they will allow one out of state in many cases. now, there is no guarantee tht the judge will do that. but many have done it. and it is a presentation that needs to be made with a letter in hand from the facility showing there is a bed waiting. you will also want to have as much information as you can on the facility. check with the court in minnesota and see if "the retreat" is on their list of bona fide providers and get a copy of that list or ask the counselor there to send you documentation with the letter showing that the minnesota courts take it as bona fide and any other states that have recognized the treatment. again, it is possible - but you need to make the effort and the argument that drug treatment in such a facility is what is needed - not more incarceration or treatment in the facility. it needs to be away from other inmates in an environment that can help her to get well.

 

you did not insult my expertise. i understand your stress and struggle - no harm, no foul. good luck with all of this - ps i type slow

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22340
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 8 other Criminal Law Specialists are ready to help you

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Samuel II
Samuel II
Criminal Lawyer
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Handle criminal matters in both state and federal courts.