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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16020
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My fiancee is in jail facing sentencing for a probation violation

Customer Question

My fiancee is in jail facing sentencing for a probation violation and failure to complete court ordered prop 36 or Residential rehab. He is sober now and willing to do any program or testing necessary to help him be released. Does he have any options at this point that would lead to his release at next court date?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.

Hello Jacustomer,'

It's hard to know what will happen because probation has violated him, and what will go on will depend upon whether probation is still willing to work with him at all. If probation feels they have had enough of him and probation hasn't done him any good, they will recommend a jail or prison sentence for him.

The judge has the power to restore him to probation, even over probation's wishes, though they usually go with probation's recommendation. Still, if he hasn't had a chance at house arrest, it is possible that this would appease probation and also allow the judge to keep him at liberty.

Customer: replied 10 months ago.

He has not done house arrest. Is he allowed to request that as an alternative to incarceration? They mentioned the possibility of drug court, but didnt tell him if he was eligible or what it entailed. Nor did they say what time he was facing if he is sentenced to jail time. What are some alternatives that he can suggest to his defender to try and get him out while still satisfying his charges needs for punishment?

Expert:  Zoey_ JD replied 10 months ago.
Hi,

If the court consiered drug court, then that would be something he could likely get. It's an intensive form of probation which also requires mandatory treatment and compliance with an outpatient alcohol program selected by the court and which reports to the court. It's not easy, but it's likely that your boyfriend needs treatment, and this would be one way they would be sure he'd get it.

Generally, Treatment Court will give a participant a chance at an outpatient program. If he can't make it at that, it's possible they will require a full scale 18 to 24 month in-patient program. In Treatment Court the defendant is really on a contract system with the court. If he is willing to help himself, it's a good program. If not, he will find it very hard to succeed.

Yes, he can have his attorney propose house arrest. Chances are, however, that the court will want treatment mandated that way too.

As for what he's facing, if probation wants to revoke him altogether they will make a recommendation as to how much time they want him to do. As indicated, the judge can give him less than that or more. His worse case scenario is that he could be resentenced on up to the maximum for the crime that he pled guilty to.

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