Legal Question in Criminal Law in Minnesota
Probation Violation- Risk of executed prison commitment
At the time of sentancing the judge diverted from the sentancing guidelines, which called for 48 months. and sentanced me to 90 days jail.
I received a Driving after suspension, which violates my probation
My probation officier, is reccomending 20 days of STS
However the proscutor still wants the 48 month commit.
Is there substantial risk that the judge will execute a prison commit, or go along with the probation officiers recommendation.
which is more likley ?
1 Answer from Attorneys
Re: Probation Violation- Risk of executed prison commitment
Many factors seem to influence what a judge will do in terms of sanction for a proven or admitted violation of probation. I cannot possibly know all the relevant factors in your case, nor are they addressed in your question. The recommendation of the probation officer generally does influence most judges quite a bit -- good or bad. Given the scenario you present here, I would be surprised if a judge would execute the 48 months prison time, for a DAS, especially if there have not been prior violations. You should work with your lawyer on this.
Related Questions & Answers
-
Probation Revokation- original sentancing judge 1. what is the propper way to... Asked 9/02/04, 3:11 pm in United States Minnesota Criminal Law
-
If a judge upward the sentence to double, what can an inmate do? Two years... Asked 9/01/04, 2:23 pm in United States Minnesota Criminal Law
-
Given a ticket for possession of drug paraphnila now charged with trace amount o I... Asked 7/25/04, 11:39 am in United States Minnesota Criminal Law
-
Can I take the county to court at the begining of 2003 I was charged with incest. I... Asked 7/06/04, 10:04 pm in United States Minnesota Criminal Law