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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23561
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What is the sentencing guidelines for a violation of felony

Resolved Question:

What is the sentencing guidelines for a violation of felony pro
bation for a dirty urine analsis for a first offense if im already on misdemeanor probation? Can they give me the maximum sentence? Im in carlsbad, new mexico in eddy county
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Hello Jacustomer,

It all depends on what probation wants to do with you. If they think that they can still work with you help turn you into a productive citizen, they will hold onto you. Otherwise, the worst case scenario is that they can revoke your felony probation altogether and ask the judge to resentence you. The judge would then have the power to sentence you to any incarceratory sentence up to the maximum for the crime to which you pled guilty.

Probation can be hard to second guess. There are many sanctions which probation can impose for a violation. They have a whole arsenal of them at their disposal, ranging from a wrist slap (more intensive supervision, more reporting requirements) on the one extreme to revoking probation outright on the other. There are all sorts of things in between, like treatment possibilities or house arrest. What they will do in your case will depend on many factors, such as how you get along with your probation officer, whether you've been in good over all compliance with the terms of your probation before the violation or whether this is not the first trouble you've been in with probation. They will also look at how much time you still owe the department of probation, along with other factors.

Probation usually prefers a graduated series of punishments. If you have a drug problem, relapse and a dirty test would not be entirely unexpected. My guess -- and it is only a guess, though an educated one -- would be that if this is your first technical, since it did not involve (I think) a rearrest and a new case, probation may not be looking to terminate you entirely and that any time you will have to spend inside may be brief -- a reminder of who's in charge. From there, more intensive supervision and more random testing would be likely.

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