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I was just looking...

I was just looking online on answers to similar issues that has happened and this website popped up. Im currently on 2 years deffered adjudication probation. i have 6 months left, and i just failed a UA. This is my first time messing up. I have all of my fees and fines paid and almost all of my community service done. Im nervous as to what will happen to me. My SO called me and said i need to come see him tomorrow.

Lawyer's Assistant: What were you convicted of exactly? Have all your appeals been exhausted?

2 felony possession drug charges of less than a gram. What do you mean by appeals been exhausted?

Lawyer's Assistant: In what state did the drug possession occur?

Texas

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

I dont think so

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
12/20/2017
Lawyer: Zoey, JD, Attorney replied 4 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,069
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 4 months ago
Hello Zoey, my name is Chris.
Thank you
Lawyer: Zoey, JD, Attorney replied 4 months ago

Probation has a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements) on the one extreme to house arrest or revoking probation outright on the other.

What they will do in any particular case will depend on many factors, such as a defendant's background and history and the facts and circumstances of the underlying case, how well he's been getting along with his probation officer, whether he's been in good over-all compliance with the terms of his probation before the violation or whether he's given them trouble before.

Here, you've been an exemplary probationer. You didn't break the law, as alcohol is legal. But you did break one of probation's rules. So this is a technical violation, but in my experience, it is not one in which probation is likely to throw the book at you and ask that you be resentenced to prison the first time it happens.

But what they do will all come down to whether probation thinks that working with you will ultimately turn you into a successful probationer and a productive citizen or whether they think you never will get the message and will want to wash their hands of you.

If you are violated and Probation gives up on you, they will make a recommendation to the judge as to how much incarceration you should be resentenced to. The judge can give you any sentence he wants up to the maximum the law allows for the crime you pled guilty to. I don't anticipate probation will want to have you revoked. I do anticipate, however, that your PO will lodge a violation, because that is what they have to do.

You will be entitled to a hearing on the violation, however, if you're violated. You should have a lawyer at that hearing so that in the unlikely event that probation is asking for you to be resentenced to jail or prison, someone can make a good argument for rehab and drug treatment or house arrest.

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Lawyer: Zoey, JD, Attorney replied 4 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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