Criminal Law
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Answered in 10 minutes by:
7/24/2011
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 41,471
Experience: 10+ years defending Misdemeanor and Felony cases.
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If this is an old crime which occurred PRIOR to you being placed on probation, you could have a defense to the violation and it may not be a basis for a revocation. Once you were placed on probation, you could not pick up any new charges. If this crime/charge happened a year before you were placed on probation, it may be something that would extend you current probation sentence, in the other county. If you were on probation and then picked up a new charge, it would be different. You would not automatically go to jail for a violation but your attorney needs to work the case and see if a plea deal could be taken to reinstate and extend the probation period and add extra terms and conditions. As you stated above, getting the charge amended to something else is helpful or even trying to work out a plea to resolve the violation and the new charge together if possible. This could be hard though, since it is in different counties and you would have to answer the violation in one county ( if there is one) and then the charges in another.
Yes, they can give you probation if they wanted to. The jail would be a result of you violating your probation. The VOP can result in either reinstatement and extension or revocation and jail. The county where the new charge occurred, can impose with jail or probation as a sentence.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 41,471
Experience: 10+ years defending Misdemeanor and Felony cases.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
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