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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I was put on a federal pretrial diversion program Sept 2014

Customer Question

I was put on a federal pretrial diversion program Sept 2014 in Dec 2014 I was sent to jail for 5 days for possession of drugs. I immediately informed my diversion coordinator after the incident and I remained in the program and have a week left. I now have a new diversion coordinator and he wants to revoke my time in the program. Can he do that?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard. Unfortunately, if you were never penalized for the infraction, yes. As long as you are on the diversion probation, he can revoke it.

Breach of Agreement. Upon breach of conditions of the Agreement by the divertee, the Chief Pretrial Services Officer (or the Chief Probation Officer) will so inform the U.S. Attorney, who, in his/her discretion, may initiate prosecution. When prosecution is resumed, the U.S. Attorney must furnish the offender with notice.

The decision to terminate an individual from continuing to participate in pretrial diversion based upon breach of conditions rests exclusively with the U.S. Attorney, with advice from either the Chief Pretrial Services Officer or the Chief Probation Officer.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 1 year ago.
I have been going to counseling and attending a n outpatient tx program. Does the judge have any discretion in the matter of what happens. It is for two misdemeanors. Will I have to go to jail or can the judge do something else that does not involve jail?
Expert:  Samuel II replied 1 year ago.

Hello

The prosecutor does not need to bring the matter to a revocation even if recommended by your coordinator. If the prosecutor chooses to do that, then yes, the judge has discretion and your local attorney can argue on your behalf that you have been compliant and this is an isolated incident.

Expert:  Samuel II replied 1 year ago.

IF the judge decides against you, I suggest they can impose any sentence that is applicable that would have been imposed had you not gotten the diversion. However, if you are employed and an otherwise good member in society, a court will give that all consideration.

Customer: replied 1 year ago.
Hello SamuelSo help me understand it is $52 to talk to you on the phone
Expert:  Samuel II replied 1 year ago.

Thank you.

I do not participate in the phone call offers made by this site. They are automatically generated and do not come from me. However, we can continue here. And I am not privy to the billing

Expert:  Samuel II replied 1 year ago.

If you have questions about billing or any customer service inquiries, then I suggest you will want to use this LINK and the moderators can help you.

Customer: replied 1 year ago.
Very much appreciated but I cannot afford to talk live. I cannot afford no more than what I already paid. I am a single mother we with children
Expert:  Samuel II replied 1 year ago.

Right. I appreciate that. And as I stated, I do not participate in the phone calls offered by this side and they are automatically generated offers to the customer. You can simply ignore them and we can continue here.

Samuel II and other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
I appreciate you and will rate you with the utmost positive ranking. Thank you see o much
Expert:  Samuel II replied 1 year ago.

You are welcome and good luck. I hope your coordinator has a change of mind.

Customer: replied 1 year ago.
Hello Samuel,I tried to give you a 5 star excellent rating but it wouldn't go through. So I wl have to call the number that is provided to me. Once again
Expert:  Samuel II replied 1 year ago.

Thanks for your efforts. Yes, you call and I also will make a report. Thanks again and good luck