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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16067
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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ive been on probation for almost three tears now for possesion

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ive been on probation for almost three tears now for possesion of 9 oz of mirijuana they gave me a felony for that ive been doing very good with probation no violations at all ive been working the whole time completed my house arrest with no issues and everything never failed a drug test ect. but i have now violated by not showing up to my last appointment with my probation officer which by the way is a new probation officer they assighned to me i had the same one for two and a half years and then they just switched them so now im finding out that my new p o put a warrant out for my arrest for not showing up so im going to of course turn myself in dont know whats going to happen i still have 1900 in fines left to pay should i pay them off before i turn myself in will it make any difference on what they are going to do to me because i will have to sell my car to get that money i dont have that kind of money saved whats are they going to do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi Jacustomer,

This is a technical violation. You broke probation's rules but you did not commit a new crime. Although probation will almost certainly lodge a violation against you, I don't think that this offense is enough so that probation will be looking to wash their hands of you and ask that you be resentenced on the felony. Especially if you haven't been among the missing for very long, since you have an otherwise exemplary probation, I think a short term sanction of some sort is likely.

You need to turn yourself in. If you're not behind in your fine payments, paying them all off up front will not likely make the difference in terms of what will happen to you. If you are behind, catching up would give your new PO one less thing to grouse about.

Probation holds all of the cards with a violation, and they can be very difficult to second guess because they have a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements), on the one extreme to house arrest or revoking probation outright on the other.

What they will do in your case will depend on many factors. It will all come down to whether probation thinks that there is any point to trying to work with you further.

If they choose to revoke probation, probation will usually make a recommendation to the judge about how much time they want you to do. Although the judge generally gives probation's opinion a great deal of deference, because probation has worked with a defendant far more closely than a judge, the judge is not bound by probation's decision. If probation is revoked, the judge has the power to resentence you to any appropriate jail alternative defined by the state's sentencing law for the crime you originally pled to, up to the maximum the law allows. But they also have the power to restore you to probation even over probation's objection.

So be sure to have a lawyer available to make an argument to the judge for your continued liberty, particularly if you have any good excuse for your absence. I don't think you'll be looking at an outright revocation for this, but it's better to be safe than sorry.

Customer: replied 1 year ago.

thank you so much you are the best! You make me feel a little more hopeful about it all I hope they will allow me me to continue probation. Hopefully they will take my last two and a half years of being responsible and law abiding into consideration. Unfortunately i dont have an attorney to speak for me in court I wish a public defender would speak up for me. How much would that cost to have an attorney speak for me i wish i could have my old p o put a recommendation in for me he knows i have good intentions. Thank you so much sincerely Leon.

Expert:  Zoey_ JD replied 1 year ago.

Hi Leon,

Pleased to have assisted and taken some of the weight off of your mind.

Can you get to the lawyer who stood up on this case with you back when you took the plea to probation? He or she is the one who knows your case best and is still the attorney of record on your case. Even if he won't come into court for you, he can give you some do-it-yourself advice. He can tell you what he'd charge to come in. The public defender's office can offer you some do-it-yourself guidance as well.

You can also find out the going rate for something like this in your part of the country by contacting the California Bar Association's Lawyer Referral service.

Probation will be aware already of the 2.5 years in which you've done everything that you were supposed to, and you can certainly tell that to the court. If you got the date wrong and plan on turning yourself in quickly, I don't see the worst case scenario coming true, but it's always better to have a lawyer make the argument for you.

I wish you the best of luck.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16067
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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