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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23155
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was sentenced to a year in a program and 3 years of probation

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I was sentenced to a year in a program and 3 years of probation for identity theft. Drugs were involved. I had changed from one program to another because of work schedule and curfew issues that both my P.O. and the court had no problem wth and my exit date remained the same. Before my year was up the second program asked me to leave based on "suspicion that I had committed identity theft". They admitted they could not prove I had done anything, that they were merely supicious and asked to me to leave, so I had to go to a third program. I had no choice in the matter. At my next court appearance the judge was angry that this had been my third program in a year and extended my exit date considerably. He, in fact, gave almost an additional year. It has now been a year and I want to go home now. I should've been able to. ANd I didn't do anything wrong. What can I do?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

I wish I had better news for you, and you may not like my answer, but when the judge sentenced you to a year in a program, what he intended was for you to get consistent treatment for your drug problem and complete a court-mandated program. Being in three different programs may have added up to almost a year in time but doesn't add up to the completion of one full program, which progresses in separate phases.

I understand that you didn't do anything wrong. But because of circumstances, you didn't get to do what you were supposed to do either. What you should do, is to take your eyes off getting home and focus squarely on the program and on achieving program goals. Your best chance of getting done earlier would be with glowing reports that the program believes that you have made dramatic strides and are ready to go home. Programs have waiting lists for beds, so they'll be happy to help you plead your case with the court once they think you're ready. But a "Get me out of here" attitude -- from my several years' experience as a former Drug Treatment Court counsel -- is not going to impress anyone.


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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by FranL on 3/1/2010 at 5:47 AM EST
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