QUESTION

Can husband ask for probation if he is facing 3rd probation violation?

Asked on Mar 31st, 2015 on Criminal Law - New Mexico
More details to this question:
Husband is detained for probation violation and has a felony warrant (robbery) out of state. He will be extradited as soon as they can get him and he will sign Waiver of Extradition this week. This is his third violation. However during this time he has become a productive part of society getting and staying clean for almost a year, working and going to school. What are the chances that if he asks for probation again but only if he can transfer probation? He has learned he can't do probation out where he was. There are drug problems at every corner and he doesn't want that life anymore. If he can't probation out, he wants to serve out time. Is this probable that it can happen at all and/or with attorney?
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1 ANSWER

Well, it seems unlikely that he will be given probation based on the little information you have provided. Certainly he can ask and provide the mitigation as you have stated but I am not encouraged that he will be given probation again. A lawyer is not required but is recommended.
Answered on Apr 02nd, 2015 at 12:09 PM

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