my husband was violated on his probation for a positive UA. He was up for court for a staggered sentence hearing, to see if he had to serve the 2nd half of his sentence. He had 90 days hanging over him, but the judge gave him 45. He had letters from his pastor at church, his work, and a couple other people from church that are on the board, all very positive letters, that's why the judge gave him less time, but staggered the other half of the sentence for Sept. 2013. In the meantime, his PO violated him for probation and now he has court on Monday may 20th. He's on work release right now in jail. He talked to his PO yesterday about the meeting they had scheduled for today and she said call me a week before you get out and we'll set up another time. She never mentioned to him anything about his probation violation hearing coming up, I found out about it when I went online. No one has notified him of the court date. Does he need to get a lawyer, seeing he did admit to using? What should he do at this point? Need help ASAP. Thank you
3 Answers from Attorneys
Hello. I myself would want to know further details of this matter prior to providing appropriate legal advice. Based on the information you did state, I would advise your husband to have attorney assistance at this time. Some attorneys, myself included, will confer for free, at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best to you and your family.
He would likely do better with a lawyer, either a private or public defender.
He should retain counsel immediately. The Court has broad discretion when considering a probation violation even if there is an admission that a violation occurred. The Court may sentence the person to any portion of the jail time originally stayed. or, even place the person back on probation subject to the same terms and conditions or to modified terms and conditions.
Having counsel can be critical to the result.
For a consultation call 612-240-8005.
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