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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19779
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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im in new mexico, on probation for 2nd dwi NON-aggravated at

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im in new mexico, on probation for 2nd dwi NON-aggravated at a municpal court in a nearby city (aztec,nm). i recently was charged with negligent use of a deadly weapon in farmington,nm. I am about to inform my case manager, as i dont have a probation officer ( he acts as both without any probation fees or county fines exept what was in sentence for court fees etc..) i have been a model citizen on probation and the judge has been more lenient after accomplishing the majority of my requirements immediatly. i plan to get a lawyer to first extend my case as long as possible to avoid a conviction as long as i can and to fight the charge, it was an accidental discharge with no injuries or property damage that i am being held liable for civil or criminally. any advise?the judge is ready to set me loose early from probation or onto unsupervised soon.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 5 years ago.
Hello,

I am afraid that you might have a misconception that you can only be charged and found in violation of probation if you have a conviction from your newest arrest. That is just not the case. There need only be an arrest for a violation of probation charge to be filed and adjudicated. It will initially be up to your probation officer (case manager) to decide whether or not this is a violation of your probation. Then it is up to the court if a VOP is referred. So, you most definitely want to hire an attorney to defend you if you are charged with VOP.
Customer: replied 5 years ago.
Relist: Incomplete answer.
im aware that the charge alone can cause violation but i dont think it will be revokation if they release me soo enough, i could have been off weeks ago and now it looks like maybe friday, the same day i am reporting this incident to them. for monetary and medical reasons( the documentation may help my legal issues) i need to postpone and eventually fight the conviction. i believe theres a good chance that this may be overlooked if i handle it correctly,
Expert:  Marsha411JD replied 5 years ago.
Hello again,

There was absolute nothing that was incomplete or incorrect in my response. I responded based on the information that you provided and based on what the law is. If you had or have a different question then you need to ask that since we cannot read minds.

You can believe what you want and you are in the best position to know the actual facts of your case, which I do not, however, you still seem to be focused on whether or not you are convicted of the deadly firearm discharge. Conviction is not necessary. If you are now changing your facts and are saying that your probation period has passed, then no, you cannot be VOP if your probation period has run. However, if it is still in place, even if only for a short period more, then an arrest while on probation is a VOP, period.

Again, it depends on the attitude of your case manager and the local judiciary whether or not anything will come of this in terms of a VOP.
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