How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zoey_ JD Your Own Question

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16041
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I am in a custody battle my wife was on probation for being

Resolved Question:

I am in a custody battle my wife was on probation for being arrested 2/14/2013 domestic violence against me, dropped to disorderly conduct, she was not allowed to drink but did, so she violated whats the best and worst sentence she could receive?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 9 months ago.

Hello,

Thanks for requesting me.

When someone violates probation, the worst case scenario would be that probation wishes to wash its hands of her and recommend an incarceratory sentence. Then, the judge would be allowed to resentence her to any amount of time that the statute would allow for the plea that she took.

In this case, the maximum possible penalty for a disorderly conduct is 90 days in jail and a $500 fine. So that's the worst that could possibly happen to her.

As for the best, XXXXX XXXXX may face a technical violation. That is, what she did was not against the law but she broke one of probation's rules. If they violate your wife, probation holds all of the cards, and they can be very difficult to second guess. They have a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements, which is quite possible on a technical violation such as this one) on the one extreme to house arrest or revoking probation outright on the other.

What they will do in this case will depend on many factors, such as your wife's background and history and the facts and circumstances of the underlying case, how well she's been getting along with his probation officer, whether she's been in good over all compliance with the terms of his probation before the violation or whether she's given them trouble before (and how much of it). These aren't all of the measuring sticks that will help probation to decide how to handle her, but you get the picture. It will all come down to whether probation is still willing to work with your wife or whether they are just plain tired of her not getting the message.

If probation decides to wash their hands of her and revoke probation altogether, they will usually make a recommendation to the judge about how much time they want her 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. The judge has the power to resentence a defendant to any appropriate jail alternative up to the maximum 90 days the law allows. But they also have the power to restore her to probation even over probation's objection.

So there a lot of variables which presently I can only guess at. But she'll be entitled to a hearing, so if she already has a lawyer on his underlying case she needs to contact him so that she has representation. That way if probation and the DA are asking for jail, someone can make a good argument for house arrest.


Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16041
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 6 other Criminal Law Specialists are ready to help you
Customer: replied 9 months ago.

i want her to go to jail or house arrest she has 2 prior dui on record and this case where she violated do i have any say?

Expert:  Zoey_ JD replied 9 months ago.

Hi Brian,

You can report her to the department of probation and let them know that your wife is still drinking and make your feelings known to them. From there, however, it's probation's call as to whether or not they will want her incarcerated.

If she has a hearing on the violation, you could contact the prosecutor and tell him or her how you feel and ask that your feelings about this be conveyed to the judge. And, of course, if you're in the process of divorce/custody litigation, you may get more mileage out of this offense by bringing it to the attention of the Family Court judge than you may get from probation.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 

Related Criminal Law Questions