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Question

i have 11 months remaining of a three year probation sentence left and i just got violated for smoking pot,i have to go to an outpatient rehab program now. the judge wants to see me mid-december for a followup,as of today i still have dirty urine,can i be sentenced to jail for smoking pot (i live in n.y.state)?please know that i have been employed at the same job,pay taxes,have no previous criminal record and i am a contributing member of society!

Submitted: 371 days and 20 hours ago.
Category: Criminal Law
Value: $15
Status: CLOSED
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371 days and 20 hours ago.

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catskill, New York

Already Tried:
just browsing the web and talking to people that have had similar problems.

Accepted Answer

Usually, probation is violated if you get into ANY legal trouble during the time period. Thus, my belief is that you've violated the terms of your probation. Therefore, the judge can revoke your probation and sentence you to jail. Usually, the judge would just require you to serve the remainder of your probation in jail.

 

Bear in mind the judge does not have to revoke your probation, but this is the norm. It may be a good idea to speak with an attorney about this and have him try to work a deal with the prosecutor.

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Expert: Adam Kirk
Pos. Feedback: 97.7 %
Accepts: 
Answered: 11/15/2008

Lawyer

County Prosecutor

371 days and 19 hours ago.

Reply

when i got into the mess that got me probation i was in someones house and it got raided i had no drugs on my posesssion and asked for a drug test but was denied!the ada wanted me to testify in court against my boss at the time for something i knew nothing about and i said no so they offered me 1 year in jail or three years probation.i took the probation.it turns out that the people the cops raided the place for were big time drug dealers they paid a lawyer 10 grand and walked.i could not afford a lawyer so a public definder represented me.he did not help me at all-i was only at that house because my car broke down and i was looking for a ride home.i ended up getting charged with empty drug baggies and drug paraphanalia(none of these things were mine),i was told i needed to answer a couple questions and i was going home-instead i did 4 days in jail and got 3 years probation!if i get a lawyer could i appeal my case and win??? i dont deserve any of this!

Posted by Adam Kirk 371 days and 19 hours ago.

Answer

It's too late to appeal the original sentence. You've only got 30 days from the entry of the plea/judgment to appeal. Because this happened 25 months ago, you're stuck with what you were given.

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