QUESTION
What can we do on a probation violation?
Asked on Feb 04th, 2014 on Criminal Law - New York
More details to this question:
I have a friend who just got picked up on a probation violation. Her original charge was burglary in the 3rd degree, or robbing a house. She was 16 when she got arrested, and is 18 years old now. She is in the state of New York, and violated for failing drug tests and being kicked out of long term treatment. She was in outpatient, then got moved to inpatient, then got kicked out of inpatient right before she was about to graduate. She tried to go back to inpatient but couldn't because of her insurance refuse to pay. Her plan was to go to intensive outpatient starting next week, but now she was arrested today. They had a warrant for a probation violation. So, what should we expect, should we hire an attorney, and what do you think some possible outcomes are? Please help as soon as possible, she has court this Thursday.
1 ANSWER
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A violation of probation (VOP) is like having a new criminal case. If found guilty of the VOP, either after a hearing or by plea, the judge can re-sentence the defendant on the original case. That re-sentence could be a jail sentence. It is recommended that the defendant be represented by a criminal lawyer for this proceeding.
Answered on Feb 07th, 2014 at 9:41 PM