QUESTION

I am on probation and have just been charged with attempted burglary. What can happen to me?

Asked on Mar 11th, 2003 on Criminal Law - Indiana
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I am on probation and have just been charged with attempted burglary. What can happen to me?
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Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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One of the conditions of probation is that you not commit any state or federal crimes. If you are charged with a new crime while on probation, the probation department will likely file a petition to revoke your probation. You have not yet been convicted of the new crime yet. Depending on what state you live in, you may be able to have the probation revocation proceeding continued until after the trial on the burglary charge. If you are acquitted of the new charge, the petition to revoke your probation should be dismissed. However, if you are convicted of the new burglary charge, or plead guilty to some lesser crime pursuant to a plea bargain, your probation likely will be revoked. The Judge will then resentence you on your original charge to any sentence he or she could have imposed upon you initially. In many states, while it is legally possible that you could be resentenced to probation, as a practical matter, it is doubtful a Judge would give you another chance at probation if you have been convicted of a felony. If you are convicted or plead guilty to a new offense while on probation, in addition to the sentence the Judge imposes on your original charge, you will also receive a sentence on the new charge. These two sentences could be ordered to be served at the same time (concurrently) or one after the other (consecutively.) This is a serious situation, and I encourage you to consult with a criminal defense lawyer in your area as soon as possible. Unless you are innocent of the new charge, or there has been a violation of your constitutional rights, such as an illegal search, your best bet may be to have your lawyer explore a plea bargain with the District Attorney on your behalf.
Answered on Mar 11th, 2003 at 12:11 AM

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