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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27196
Experience:  10+ years defending Misdemeanor and Felony cases.
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My son is currently in a county jail waiting to go to the RID

Customer Question

My son is currently in a county jail waiting to go to the RID program at Fort Supply. He is on a deferred sentence in another county. Should we notify the other county of his present sentence and try to get his sentence served concurent or just wait until he goes back to court in 2011 for his deferred sentence and hope they don't give him more time. I am worried and so is he and want to make sure we do the right thing. His present attorney says they court might look at his record at RID and if he goes through that program get out and goes back to college then they might not send him back. He has a 3.89 after 2 years at a State University and plans to go back after serving his time.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.
If he had a defered sentence and was on probation, he will be violated when they find out he was arrested on a new charge, as it would violate a term and condition of his probation. He will eventfully have to answer to the VOP charge. The attorney should try and negotiate something, where the county where he is on probation and dealing with the deferred sentence, will accept as a violation the RID program and his sentence is both counties will run concurrent, as you suggested. If not, when he answers to this, he may have to serve jail or longer probation depending on the previous charge which he was on probation for. However, when he answers to this, it will likely be in over 2 years, at which time, the prosecutor may have a hard time proving the violation.
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Customer: replied 7 years ago.

In both counties he is charged with a felony on drug charges (pot). However, the one county where he is deferred was going to be reduced to a misdemenor if he appeared back in court and did not break his probation. I am just concerned that he is going to be sent back to prison. I believe the time he is spending in RID which is 6 months will be good for him and that when he gets out he will do okay. As a mother this has been a very upsetting time for me. I am a teacher and never thought my son would be where he is. He always did fine in school. I just want him to be able to move on when he completes this. Also, I am wondering if he will be able to ever apply to law school and be accepted with these felony charges in any state? Thanks so much for your help.

Expert:  CrimDefense replied 7 years ago.

If he was on probation for a felony drug charge and picked up another felony drug charge, the court is not going to be very happy. While they may not send him to prison, he could face jail time or a lengthy probation period. Moreover, the felony will not be reduced to a misdemeanor and thus, he will have felonies on his record. He will be able to apply to law schools but his admission will be determined by the school. He will also have to be able to get license in the State, which he wishes to practice.