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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27746
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What are the fee's. My mother was on probation roughly 10

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Customer: My mother was on probation roughly 10 years ago for a third degree felony for poss of a cs up to 1gram. Her parents got sick so she left texas to go take care of them in new mexico without informing her probation officer. She had roughly 4 months left of probation left. Well just last week they arrested her in NM and extradited her back here. What is the likely outcome for her?
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Texas Third degree felony in texas has a punishment of 2-10 years and up to 10,000 in fines
JA: Have you talked to a lawyer yet?
Customer: She is suppose to get a court appointed lawyer this week I think. We don't really have a lot of money to spend on a hired lawyer.
JA: Anything else you want the lawyer to know before I connect you?
Customer: She sorry typo Don't think so


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Customer: replied 1 year ago.
Ok, Thank you

Unfortunately, your mother is facing a serious situation. Because she was a sentenced defendant and she violated the terms of her probation and only came back involuntarily after 10 years, probation is almost certainly going to be unwilling to work further with her and they will ask the judge to resentence her to prison. You seem to already know that she can get any amount of jail time up to ten years.

It's well that she is going to get a lawyer because she needs representation. The lawyer will have to do some uphill negotiating here, since all the cards are in the DA's hands with an involuntary return. He may, however, be able to get a presentencing report put together so that the judge can see that over the last 10 years, she has not been committing crimes and that she has the love and support of her family and character references, and so on. If he can put together a sensitive report that casts her in her best light to take away from what probation will be likely to say, he might be able to keep her at liberty or at least keep her jail sentence down to a minimum.

Customer: replied 1 year ago.
Thank you.

You're very welcome. These involuntary returns on warrants are always bad news, but public defenders hand plenty of them, so they will know what to try to do for her. You might want to start getting letters attesting to her good character so that you can hand them to the lawyer before he meets her.

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