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Is there any way around a joint-suspension deal?

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Criminal Attorney Question:If a deal...
Criminal Attorney Question:If a deal was signed for 6 years, joint suspension and it was violated, is it 100% guaranteed that the judge will give the defendant the whole 6 years? Or is it possible to make a deal on a new sentence. Ultimately, isn't it up to the judge?
Submitted: 5 years ago.Category: Criminal Law
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Answered in 26 minutes by:
7/1/2012
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 5 years ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,556
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

 

 

Good morning. What did the defendant do to violate the suspended sentence?

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 5 years ago
Hi Jamie. Just wanted to see if you had a chance to view my information request above, so I can provide you with an answer.
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Customer reply replied 5 years ago
the defendant was about 19 days away from completing his treatment program and had an incident with another resident. The counselors told him to go for a walk to cool off and he came back a few min late and they kicked him output they tested him and he was clean. He was forced ti leave treatment. Meanwhile awaiting court, husband dad became ill and needed his help in Oklahoma and he ran to his side until recently he returned to California to face the sentencing and was visiting me and his daughter as much as he could until he got apprehended. Now he is facing 6 years joint suspension and I would like to know if laws have changed in this favor for his non-violent offender. He is a good, kind, loving man and we were just getting grounded as a couple and he will make it work thIs time
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 5 years ago

Was he required to do anything from the time he was kicked out of the program until his court date? Was he required to report to anything or is all that happened is that he was kicked out and then a court date was set thereafter?

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Customer reply replied 5 years ago
he was suppose to go into drug court the following Monday after he was kicked out of the program and he did not go. He was worried about his family and his sentencing that he made a rash decision and chose to go see his estranged son of 20 years and his ill father he hadn't seen in years as well. Once things were ok with them, he came back to turn himself in and just happened to get apprehended while going to say goodbye to his 12 yr old daughter. I am sick to my stomach over this and I know he doesn't deserve 7 years joint suspension over a disagreement at a treatment program and a drug problem. He is an amazing human being and the love of my life. Please tell me if u think he will get a break here. His name is Michael David Blundell and his case is with san Bernardino county court and is case # FMB1100381. HELP
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 5 years ago
I certainly understand your concern. It is going to be at the discretion of the Judge. The fact that he absconded and failed to appear is going to be the problem that the Judge has. Had he appeared to address the issue with being kicked out of the program as a result of the fight with the other resident, the judge may have looked at everything else which he completed as a mitigating factor. It is not a situation where he was arrested for a new charge or failed to compel with the program and started using. This was more of an issue with a problem with another person and how the treatment center decided to deal with it. Of course, he can explain to the judge the reason he failed to appear and show everything he did in the program asking for an alternative sentence rather then the 7 years which was suspended. I wish I could tell you for sure that the judge would just impose something other then prison but there is no way of knowing for sure. He needs to present all factors to show he has been rehabilitated and how close he was to completing the treatment, asking for leniency and another chance.
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