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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16237
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am texting on behalf of my brother who was recently charged

Customer Question

I am texting on behalf of my brother who was recently charged and is currently incarcerated in San Diego CA for the following charges while he was on probation 273A(A) PC CHILD CRUELTY:POS INJ/DTH 11377(A) HS POSS CONTROLLED SUBSTANCE 11350(A) HS POSSESS NARCOTIC CNTL SUB 273A(B) PC WILLFUL CRUELTY TO CHILD 11364.1(A) HS POSS UNLAW PARAPHERNALIA 11375(B) HS POSS CNTL SUB FOR SALE is he looking at time or possibly rehab
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.
Hello,

My name is Fran and I"m sorry to hear about your brother.

Can you tell me what the charge was for which he is presently on probation, how long he has been on probation, and whether he's had any difficulties that you know of with his probation officer?

Use the reply tab below so that I can find your answer easily
Customer: replied 10 months ago.
Hello,

Can you tell me what the charge was for which he is presently on probation, how long he has been on probation, and whether he's had any difficulties that you know of with his probation officer?

Sure his initial charges are 11351 Pos/Pur F Sale Narc/C/Sub also 11550(A) Under influence of Cntl Substance & 11364.1 (A) Poss unlaw Paraphernalia he received 4 years probation plus a fine & pc1000 I think thats what you call it the drug class couple times a week then he caught his current case while on probation & out on bail as well.


Customer: replied 10 months ago.


oh as far as I know he didn't have any problems with the Probation officer but possibly some compliance issues with the pc1000 course if anything. not sure

Expert:  Zoey_ JD replied 10 months ago.
Hi,

Thanks very much for the quick reply.

I think that just about anyone can see that your brother has a drug problem and it's spun out into other areas of his life. But it all is going to come down to whether probation is going to want to still work with him and address this, or whether they just don't see any point in it and want to wash their hands of him.

Some of that will depend upon the strength of the various cases that he's charged with, since some of the charges can be prosecuted as felonies and if the DA is looking to indict the new charges, incarceration will be inevitable. If the charges are reduced, some of that will depend upon how long he's been on probation. The less time he's been on probation, the better for a possible alternative non-incarceratory resentencing. Once he's been on probation for a while and has theoretically had the benefit of probation, he's supposed to know better and violations are taken much more seriously.

If probation feels they don't want to work with him, what they will do is to make a reccomendation to the judge as to how much time he should do. The judge does not have to listen to probation, though he generally will give probations wishes great deference. He has the power to resentence him on the old case to anything up to the maximum that the statute allows for the offense to which he pled gulty. The judge can give him more time than probation asks for if the thinks it's appropriate. But he can also give him less.

Your brother will have a hearing on the violation where the state will make their position clear as to the new case. He needs a lawyer for that hearing, to make an argument for something like full-time long term residential treatment or house arrest. Or, if the DA plans on indicting the new felonies, to cut some kind of package to keep his prison time to the minimum possible under all of the facts and circumstances.

So the bottom line is that it's too soon to tell what is going to happen, but with the number of the charges, a revocation of probation is likely unless the DA is willing to go forward with them as misdemeanors and and allow him to have more intensive treatment.





Customer: replied 10 months ago.

I am going to visit him today and show him what u told me, can I get back with you sometime later today for possibly more questions

Expert:  Zoey_ JD replied 10 months ago.
Sure,

I am going to be at my daughter's this afternoon for a family birthday party. I will be home eventually, however. So just leave your follow-up here on the thread and I'll tend to it when I come back. Just don't worry if you don't hear from me right away.

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