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LegalKnowledge, Attorney
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Hello. My name isXXXXX the beginning of July I got a summons

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Hello. My name isXXXXX the beginning of July I got a summons for the possession of marijuana. Then on Oct. 3rd I was arrested for PL 140.10. Trespass in the third degree. Today I went to the court for the first summons and was put on probation (ACD.) I have another court hearing on Nov.6. Since I was arrested before put on probation, can it influence the decision of the judge? What is the worst case scenario?

Thank you
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. Is the hearing on Nov 6 for the trespassing charge? Was the court aware of the second arrest when you were placed on probation for the first charge?
Customer: replied 3 years ago.

Yes and No


Thank you for the additional information. Since you were placed on probation AFTER you picked up the second charge, it would not be a violation. You just need to make sure you do not pick up any additional charges and comply with the terms and conditions of the ACD. When you appear on the 6th, the Judge is going to want to know if you want to take a plea deal or go to trial. While this is punishable with jail, it is highly unlikely that the State would seek any. The reason being is that this is a nonviolent crime and the State would look for a probationary sentence, fine and court costs, before any jail time. Moreover, it is the obligation of the State to run a background check and see if you have any other open or pending charges. If anything, the fact that you had this case at the time you were placed on probation ACD, is what could cause an issue but if the court failed to perform their due diligence and check this out, it may not come up.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 3 years ago.

Thank you for your answer. I have another couple questions.


1. If the judge asks me if I was arrested before should I mention ACD, since summons is not an arrest? Should I mention it all if the judge is not asking?


2. What issues might be caused if the court runs background check?


Thank you

If the Judge asks you anything, you need to be truthful and honest. If nothing is asked, then you should not volunteer any information that could hurt your case. As I mentioned before, let the prosecutor perform their due diligence and check your background to see if there are any open cases. If they were to see the other open case, they may seek to impose a longer period of probation or higher fines. I do not see them seeking jail, even though you are a second time offender, based upon the nature of the charge. They will not offer any type of diversion program, since one is pending now, so it will either be a plea deal or trial, to resolve the charge.
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Customer: replied 3 years ago.

Thank you!


So, if the judge asks me if I was arrested before I have to mention the pending ACD? Am I correct?

Yes, that is correct. The Judge can look in the system and see this, so he/she may be testing you to see if you are truthful and will disclose this. Please let me know if there is anything else. If not, please remember to rate my help, so I can get credit for my answer.