Legal Question in Criminal Law in New York

probabtion

How much time can you do in jail if you violated probation once within the five years you were on it and you did everything you were asked but you just had one mess up


Asked on 12/05/07, 10:14 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: probabtion

You and your attorney can negotaite with both your PO and with the Judge/prosecutor handling your VOP hearing.You may contact my office for more information.

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Answered on 12/06/07, 11:53 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: probabtion

YOur question doesn't state how much time you are facing. If you were convicted of say Attempted Assault in the Second Degree, and got probation, the court could give you up to six (6) months or less and restore you to probation, or it could give you up to one (1)year in a local jail and drop the probation or it could sentence you to prison for up to One and a third (1 1/3) to four (4) years.

It doesn't matter if it is one screw up or many. The court however will usually take the severity of the breach into account in deciding a new sentence.

You have a right to a hearing and that can be won, or it can be used to educate the court about you and your rehabilitation.

If you would like to speak to a lawyer about this further you can contact me through the links provided below.

Good Luck.

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Answered on 12/07/07, 6:00 pm


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