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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26814
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have 48 days left on supervise probation of a 3 yr probation.

Customer Question

I have 48 days left on supervise probation of a 3 yr probation. I served 10 yrs for my charges. I have no time hanging over my head. I tested positive 3 times already and a 4th urine will violate me. My probation officer has put me in drug counseling and it will end after my probation is over with. What type of punishment am I looking at if violated?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
If your drug counseling is scheduled to end after your probation is over with, then you can expect your probation to be extended to monitor your compliance.
As to your specific question, however, time on the outside never gets you jail credit. So whether you owe all three years when you are violated or only 48 days, the worst case scenario will be the same if probation ecides to wash their hands of you and ask that you be revoked. You can be made to do the additional time that was set aside in the first place when probation was imposed.
Of course, probation has a large number of sanctions in their arsenal, and they can be very difficult to second guess in a situation like this. It all will come down with whether they are still willing to work with you further or not. If not, they will recommend that you be revoked and resentenced to prison. You were likely told what that could be at your sentencing. On the other hand, they may be content that you're in counseling and with greater reporting requirements.
If you are violated, you should make sure you have a lawyer at your hearing who can make a case for your continued liberty with drug treatment/counseling and, if probation wants you back in jail, for house arrest.

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