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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23598
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was recently put on deferred probation for 5 years for

Customer Question

Good morning my name is Chris I was recently put on deferred probation for 5 years for stalking and 120 hours community service find court cost exceeding 3000 then I was put on soberlink and have to blow into a device with GPS on it for one year the court wanted me to be fitted with an ankle monitor but due to my pacemaker they felt that there was a liability so even though there's no drugs or alcohol in my case I have to blow into a tube every 4 hours for one year and pay a hundred dollars a month. I'm really disgusted with myself for not asking more questions . I'm currently on SSI and get $700 a month at the end of the day Denton /Tarrent County will get over half of it. I will have 92.00 a week to live on . There's so much to my story it's hard to ask just one question I have many. I also want to say just because I have health issues that I'm not looking for special treatment or pity. I just want to be treated fairly. I was told that I would be a convicted felon if we went to trial and lost and in them back of my head I'm thinking , I have no History of Violence there was no violence committed during this charge nor alcohol nor drugs were involved but I am a man and I should have said something I guess I'm just really wishing I would have been more proactive Just looking at the paperwork I see many errors. I guess the first question would be if I've already signed for probation is it a done deal ?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.

Hello,

Not every felony is a violent offense. A felony conviction after trial, even for a non-violent crime, would subject you to at least some incarceration, because you'd have been proved guilty beyond a reasonable doubt. Depending upon the evidence that came out at the trial, that period of incarceration could be years. So a plea to probation, while expensive, at least is a guarantee that you will not go to prison.

It is very difficult, nearly impossible to take your plea back once you have been sentenced. That's because at the time of a guilty plea, the judge does his best to make an in-court record to make the plea airtight in order to avoid just this situation.

Your own plea allocution would be used against you to show that you made a knowing and voluntary waiver of your rights in order to accept the probation deal.

You also put on the record that you were actually guilty of the charge. So you need a strong legal basis to succeed at a post conviction remedy. "Buyer's regret" is not a legal basis to take a plea back. You'd need to have a Constitutional argument or an argument that you were denied due process of law.

Finally, there's also one more thing you'd have to consider. Let's assume for the moment, just for the sake of argument, that you can get your plea back. The case goes back to what it was before. You will have to go to trial because in my experience, the state won't offer you another deal. And the judge cannot reduce the charges. So, you will be going to trial on the felony, which is exactly what you most wanted to avoid in the first place.

Expert:  Zoey_ JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.