Legal Question in Criminal Law in Massachusetts

Probation

On a prior case I entered a plea of guilty to possession of a controlled substance {class A}. The initial sentence that the procesution asked for was 1 year suspended. The judge thought it too lenient and imposed a sentence of 2 years probation and 1 year suspended. After the case, I found out that I had been infected with HIV, and was hospitalized. I contacted my probation officer to notify him of the issue, and the answer I got was that I was in deep trouble. I didn't want to risk going to jail with such condition, so I stopped reporting to my probation officer. It's been 5 years since the incident and I am now interested in bringing the matter to a close. But I am more worried that ever of the jail time I may receive. What are the chances of me getting this issue corrected and receiving the same sentence I received initially or a lesser sentence? I haven't had anymore cases brought against me, that I'm aware of, since I haven't had anymore ''run-ins'' with the law.


Asked on 7/31/02, 6:29 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Probation

The sentence that you agreed to and that the judge ordered is controlling. Your unexcused failure to report to probation is troublesome. Most probation officers would surrender you, and most judges would impose the suspended sentence. You need an attorney for this matter. You also need lots of luck.

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Answered on 7/31/02, 6:41 pm


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