Criminal Law Questions? Ask a Criminal Lawyer.
If this violates the unsupervised probation, is it mandatory for the judge to sentence me to jail or is it his call?
It is the judge's call, ultimately. It is best to have a reason why he should not enforce the sentence (like you have a job and kids to take care of, etc.).
Would it be wise to try to prolong the case since the officer checked off the box?
Under the circumstances, I think you need to ask for a continuance since the officer checked the wrong box and hire an attorney before the hearing. When you get an attorney, you need to make sure they have successfully worked with the prosecutor. Have the attorney approach the prosecutor to see if you can have the present charge either amended or remanded to the file if you can instead perform community service and the like to avoid any jail time or the conviction as a whole.
Let me know if you have any other questions or comments.
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Best wishes going forward!
That is exactly right. You respectfully ***** ***** bench (May I approach your honor?). That is the path you should take.
If you plead, there is at least a 50/50 chance you go to jail. If you get it continued and get an attorney, that drops to 25% or less IMO.
Let me know if you have any other questions or comments. Please rate my answer positively as well.
Just checking in with you to see if you have any additional questions based on what was shared earlier. I want to make sure you are as comfortable as possible moving forward with this issue. Thanks!