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My child has been arrested due to violation of probation…

Customer Question
My child has been...

My child has been arrested due to violation of probation allegally and l need to reyain a criminal defense lawyer .

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

New york state in the Albany region

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes she was charge with making a sale of drug but she was not she was with a group of friends and they found drugs in the owner of the car so they are tryinf to pin charges on her for that as well

Submitted: 7 months ago.Category: Criminal Law
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Answered in 5 minutes by:
12/6/2017
Criminal Lawyer: Nisha Jones,
 replied 7 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,486
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 7 months ago

I'm sorry to hear about your daughter's situation.

The site is meant for general informational purposes only, so myself or any of the other attorneys on the site cannot personally represent your daughter in her case, but I can provide you with some general legal information about what's going on with her case, and about any possible legal defenses she might have.

Would you like to proceed? Give me just a few minutes while I type up some information for you, thanks!

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Criminal Lawyer: Nisha Jones,
 replied 7 months ago

Even though your daughter was arrested and accused of the violation, a probation violation hearing (PVH) still needs to take place and will be scheduled in the coming weeks.

At the PVH the prosecutor will have to prove the violation did in fact occur, and your daughter will have the opportunity to present her defense to contest the allegations.

It's important that your daughter have an attorney represent her at the PVH and put forth a persuasive legal defense on her behalf. There are 2 things to consider about a PVH:

(1.) the burden of proof for the prosecutor is much lower than at a trial (this does not work in your daughter's favor)

(2.) a probation violation exposes her to possible jail time, extended probation, or revocation of her probation.

If the drugs were found in the car, but not on her person (body), and if she was not the owner of the car, then she has a strong legal defense here. She's been charged under the theory of constructive possession. However if the car wasn't owned by her and she wasn't the driver, then her attorney should be able to make a strong case for her and hopefully win at the PVH so that she can be released and permitted to finish out her term of probation.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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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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