How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21997
Experience:  Handle criminal matters in both state and federal courts.
10707909
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I am on probation for attempted larceny, simple affray, and

Customer Question

I am on probation for attempted larceny, simple affray, and possession of drug paraphernalia and tonight I was pulled over for failure to yield to an emergency vehicle. In the process of all this the police officer who pulled me over stated that i was nervous and called in the k-9 unit. In my car they found a bag of marijuana and i was cited for the previous failure to yield and possession of equal or less than 1/2 oz of marijuana...The officer told me that he was not going to call my PO or anything but as to what I do about all this he had no answer...so i guess my question is What should I do? this is in north carolina by the way.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

There is no way to hide this from your PO. Anytime there is a citation or an arrest, it is placed in the database. PO's have an alert set on those databases to trigger with one of their clients names appears. So your PO is gonna find out, unfortunately.

 

You may consider telling your PO about it before it comes up on the computer screen. That way the PO may not write up the violation until after your matter has been adjudicated. At any rate, you will be violated.

 

The Court will then have to decide to terminate your probation or to continue it with drug awareness and counseling. You might want to enroll in a program of that nature, if you aren't already required to be attending one.

 

That will show good faith to the PO and the court, as will letting your PO know of this charge before she is notified

 

 

Customer: replied 3 years ago.
from a legal standpoint, my PO put aside should i hire an attorney or go with the public defender...and my biggest concern because i am 19 with a 6 month old daughter, how much jail time am i going to serve?
Expert:  Samuel II replied 3 years ago.

Hi

 

Well, public defenders are attorneys - just very over worked ones.

But they are generally very dedicated.

 

I cannot tell you what the court is going to do - but I can tell you what they can do. They can impose whatever suspended sentence when the probation was granted. So it is not even about a new citation. It is really about a possible jail sentence for the probation violation.

 

Some judges get very upset when they have given a second chance. I don't know your judge so I cannot say what will happen.

 

If you can afford a private attorney, then chances are you are not going to qualify for a public defender

 

 

Customer: replied 3 years ago.
my suspended sentence was 30 days...very light...however will they tack on more time or is that all depending on the judge. also my PO is very very strict can i be arrested for a probation violation or am i a free man until a court decision? im sorry im just trying to get as much comfort as i can out of the situation
Expert:  Samuel II replied 3 years ago.

Hi

 

That's no problem on the follow up questions. The judge cannot impose any more of a sentence than what is proscribed for as a penalty for the convicted crimes. So if 30 days was the max penalty, that is all you can get. But then of course, you could be convicted of the marijuana charge and a judge may impose whatever penalty is attached. That can either run at the same time as the probation violation or consecutive which is after.

 

The penalty for the possession is 30 days.

 

 

 

Customer: replied 3 years ago.
this was in north carolina...and how about the being arrested for the probation violation...im sorry i am going to accept the answer i just wasnt sure if i can keep asking questions after i have accepted
Expert:  Samuel II replied 3 years ago.

Hi

 

I re-read the question and saw it was NC. It is a 30 day penalty. SO you could be looking at 60 days

 

Your PO would tell you there is a violation and that you need to turn yourself in. If you don't then there would be an arrest warrant for you.

 

Of course, as I stated, it may be best for you to consider telling your PO before they find out. It may be possible to do the drug counseling.

 

 

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21997
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 3 years ago.
so she cannot personaly say when i tell her "you are under arrest...so on and so forth" but can tell me that i need to turn myself in.
Expert:  Samuel II replied 3 years ago.

Hi

 

When you tell her what happened, she can discuss it with you. Maybe see if you are amenable to drug counseling. She will need to get a warrant before you can be arrested

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.