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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25462
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband is on probation, he has a couple felonys but no

Customer Question

my husband is on probation, he has a couple felonys but no drug charges all money charges, he recently got our house searched because they got a tip he was using, they found syringes and 4 full of heroin. my question is because it is his first drug charge is there any hope for him getting drug court or a rider since he has not had one of those either? I hope you can help m so scared.
sincerely
scared wifey
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Unfortunately, your husband has prior felony convictions and is presently on probation. He faces time not only for the new drug charges but for a violation of probation. Under these circumstances, drug court is highly unlikely.
On the other hand, if his new case is not a felony or could be reduced to a misdmeanor and if probation is still willing to work with him further, his lawyer might be able to negotiate something where he could remain on probation and get some sort of treatment option.
A lot will depend upon the facts and circumstances of his old and new case, his track record with probation and how well he gets along with his probation officer, how long he's been on probation and how much longer he has to go, and whether probation feels that there is any point at all to keeping him on probation and what they recommend to the judge.
One way or the other, he needs to involve a lawyer to try to negotiate a treatment-oriented disposition for him as soon as possible.

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