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Aaron Paul
Aaron Paul, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 41
Experience:  Attorney since 2003; Public defender for 30+ months with daily courtroom experience
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my husband is currently on probation for larceny and has committed a new crime f

Customer Question

warrants are being executed tomorrow. They involve credit card theft, credit card fraud, embezzlement and obtaining property under false pretenses. He has a drinking problem for which he is in outpatient treatment. He is turning himself in tomorrow, but I was wondering what kind of sentencing/jail time is he looking at. Will they likely reinstate the probation sentence back to the 12 months and then treat these new charges separately?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Aaron Paul replied 8 years ago.
HelloCustomer sorry to hear about your situation. In my experience, this is the scenario of what will happen:

First, the prosecutor is going to ask the court to revoke your husband's probation, because being charged with new crimes is likely a violation of the conditions of the probation. Your husband will then begin to serve the sentence for the first conviction (or guilty plea).

After that, your husband's attorney will represent him in his felony proceedings (crimes like embezzlement and credit card fraud are felonies in many jurisdictions). If plea negotiations begin per the request of your husband to his attorney, then it is possible that he can have the sentences run concurrent with the new sentences (i.e. at the same time). It is possible in many jurisdictions.

Also, restitution will likely need to be paid.

Regardless the outcome, your husband needs an attorney, and I suggest he not speak with any police officers or anyone except that attorney. If you and he cannot afford an attorney, then one can be appointed free of charge from the public defender's office if he asks the court to apply.

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Thanks, XXXXX XXXXX luck to you.