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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I am on probation for attempted larceny, simple affray, and

Customer Question

I am on probation for attempted larceny, simple affray, and possession of drug paraphernalia and tonight I was pulled over for failure to yield to an emergency vehicle. In the process of all this the police officer who pulled me over stated that i was nervous and called in the k-9 unit. In my car they found a bag of marijuana and i was cited for the previous failure to yield and possession of equal or less than 1/2 oz of marijuana...The officer told me that he was not going to call my PO or anything but as to what I do about all this he had no i guess my question is What should I do? this is in north carolina by the way.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.



There is no way to hide this from your PO. Anytime there is a citation or an arrest, it is placed in the database. PO's have an alert set on those databases to trigger with one of their clients names appears. So your PO is gonna find out, unfortunately.


You may consider telling your PO about it before it comes up on the computer screen. That way the PO may not write up the violation until after your matter has been adjudicated. At any rate, you will be violated.


The Court will then have to decide to terminate your probation or to continue it with drug awareness and counseling. You might want to enroll in a program of that nature, if you aren't already required to be attending one.


That will show good faith to the PO and the court, as will letting your PO know of this charge before she is notified



Customer: replied 6 years ago.
from a legal standpoint, my PO put aside should i hire an attorney or go with the public defender...and my biggest concern because i am 19 with a 6 month old daughter, how much jail time am i going to serve?
Expert:  Samuel II replied 6 years ago.



Well, public defenders are attorneys - just very over worked ones.

But they are generally very dedicated.


I cannot tell you what the court is going to do - but I can tell you what they can do. They can impose whatever suspended sentence when the probation was granted. So it is not even about a new citation. It is really about a possible jail sentence for the probation violation.


Some judges get very upset when they have given a second chance. I don't know your judge so I cannot say what will happen.


If you can afford a private attorney, then chances are you are not going to qualify for a public defender



Customer: replied 6 years ago.
my suspended sentence was 30 days...very light...however will they tack on more time or is that all depending on the judge. also my PO is very very strict can i be arrested for a probation violation or am i a free man until a court decision? im sorry im just trying to get as much comfort as i can out of the situation
Expert:  Samuel II replied 6 years ago.



That's no problem on the follow up questions. The judge cannot impose any more of a sentence than what is proscribed for as a penalty for the convicted crimes. So if 30 days was the max penalty, that is all you can get. But then of course, you could be convicted of the marijuana charge and a judge may impose whatever penalty is attached. That can either run at the same time as the probation violation or consecutive which is after.


The penalty for the possession is 30 days.




Customer: replied 6 years ago.
this was in north carolina...and how about the being arrested for the probation sorry i am going to accept the answer i just wasnt sure if i can keep asking questions after i have accepted
Expert:  Samuel II replied 6 years ago.



I re-read the question and saw it was NC. It is a 30 day penalty. SO you could be looking at 60 days


Your PO would tell you there is a violation and that you need to turn yourself in. If you don't then there would be an arrest warrant for you.


Of course, as I stated, it may be best for you to consider telling your PO before they find out. It may be possible to do the drug counseling.





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Customer: replied 6 years ago.
so she cannot personaly say when i tell her "you are under on and so forth" but can tell me that i need to turn myself in.
Expert:  Samuel II replied 6 years ago.



When you tell her what happened, she can discuss it with you. Maybe see if you are amenable to drug counseling. She will need to get a warrant before you can be arrested