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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15819
Experience:  7+ years defending Misdemeanor and Felony cases.
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I got behind on my monthly payments and now I have to appear

Resolved Question:

I got behind on my monthly payments and now I have to appear for VOP. I have since paid the payments that were due; what can I expect to happen in court?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 11 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Since the payments are current, it is likely that your probation will be reinstated or in the alternative, the violation will be dismissed. The court is going to want to know why you fell behind and as long as you can show good cause and explain, along with showing proof that the payments are current, there should not really be any consequences. If the probation violation is not dismissed, the State may be inclined to extend the time or impose some community service but I highly doubt they would revoke it and seek any jail time. This was a technical violation and you corrected it.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 11 months ago.

I was charged with possession. Since this was a first offense as long as I did not do anything further my record would be cleared after a year. Unfortunately I have a problem and was arrested and charged with a similar crime in another county; the court date is pending. I went into rehab and successfully completed the program. I have moved into an Oxford where I am drug tested 2X per week and required to attend five NA Meetings weekly. Do you think I will be sentenced to jail and if so how much time can I expect

Expert:  CrimDefense replied 11 months ago.
So just to be clear, the violation was for more then just missed payments? It was for picking up a new charge for the same crime you were on probation for?
Customer: replied 11 months ago.

No the new court date is for missed payments only. However, once I am sentenced with the new charges there will be a 2nd VOP. My charges are disorderly person and possession of controlled substance while operating a motor vehicle. It was sent back to Municipal Court as a downgrade from the county prosecutors office. I am getting a new attorney as my prior attorney has moved out of the area.

Expert:  CrimDefense replied 11 months ago.
My answer still stands for the VOP regarding the missed payments. However, if there is going to be a 2nd VOP for a new charge, then there is a chance that the probation could be revoked and the State may seek jail time. Moreover, the ability to have your first offense cleared after a year, may not be an option, if you picked up a new charge and were adjudicated on it. The fact that you have entered into a program to get help and have been staying clean are certainly mitigating factors to present in court and you could always use that if you wanted to take a plea, asking that your probation being reinstated and extended with the condition of additional treatment, instead of revocation and jail. The State is going to look at how long you were on probation for and the facts of the new charge, likely offering deal to resolve the VOP and new charge together, if you did not want to fight it. If they wanted jail, they may be inclined to seek 30 or 60 days, depending on the facts.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15819
Experience: 7+ years defending Misdemeanor and Felony cases.
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