probation violation...?

Question

what is an average sentence for a person who violates formal probation (drug possesion charges) who left the country for about 5 or 6 years. and what is the process for re-instating probation. and also, do the public defenders really know what they are doing and would they be able to help to reduce sentence and/or bail, etc. i need to know this information. (lost a little trust with public defender system due to them pretty much forcing a person to claim they were guilty when they were not) anywho.. any reasonable answers will be appreciated. any negative will be ignored
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Answer 1

just a little FYI to tag onto your distrust of PD's...when first brought in on the charges, in the state of California the defendant is encouraged to plead guilty and enter prop 36 court (a diversion program). if you listen carefully, you will likely hear the phrase 'presumed positive' when drug tests are mentioned. say that again to yourself-presumed positive. what does that mean? that means the cop thought you were high & therefore tested your pee or blood. it does not indicate the results, cuz they herd most of us easily enough without spending the $$ to test your fluids. mind you, your probation fees & fines will include laboratory costs, but most samples are not tested. and the P.D. will encourage your guilty plea, knowing this as procedure but without explaining to you. it took me a long time to catch on but after i did, i heard the phrase again & again. my experience is in Santa Clara County, a national model for drug treatment & diversion programs. your distrust is not unwarranted. research thoroughly before being roped in & good luck!

Answer 2

Probation is revoked by a probation officer. A trial is not required. The probation officer can send a person back to jail for the remainder of their sentence. A PD is of no use in this situation.

If they take you to court for the probation violation as a separate criminal charge (which is likely if there is not a lot of time left on the sentence) a PD is not going to get the sentence reduced unless you have some great compelling evidence that you did not violate your probation, or did so under duress (you were kidnapped). Even a good lawyer won't get much off a sentence when the DA has no need to give anything up.

Answer 3

Usually if someone is on probation they are not allowed to cross the state line; let alone leave the country!!. I can pretty much throw in a few cents and tell you...Probation will most likely NOT be re-instated. In fact, the individual is probably facing some jail time. If you/they don't like public defenders then you/they need to hire an attorney. btw: nobody can force you/them to say you're/they're guilty.

Answer 4

Did you (they) vilate the probation than leave the country to avoid jail? That would be bad! Or did you go away than vilate the probation when you came back - not so bad but I don't think you would get that long probation so my guess is you did it than fled to aviod incarceration!

If you did do that, you probably have a warrant for your arrest and you will need to go to court and settle it.

Most public defenders are good. It really depends on how you interact with them. Don't de a idiot or lie cuz than they will have no reason to like you and work for you.

Answer 5

What type of possession charges, misdemeanor or felony? You will probably spend sixty to ninety days in jail, pay a fine, and possibly get put back on probation.

Public defenders are lawyers paid by the state to defend people who can't afford their own lawyers and don't usually get paid what most lawyers get paid, so they are not real motivated to work hard on such cases. If you do not like the lawyer you have, you have two choices. Petition the court to assign you a new lawyer or defend yourself.

Answer 6

It really depends on a lot of things. First, what state the probationer is in, how he gets along with his PO, because the officer has a LOT of discretion in deciding just what the recommendation will be.

I've been a public defender (pretender, no nothing, slacker, idiot) for a little over three years now, first gig out of law school, and I just can't quit it. Perhaps my own drug of choice. PDs work their asses off every day, we don't choose our clients, and we don't get to send them packing after they complain about us. Very often, when a client thinks they are being forced to enter a plea of guilty, it is the unlucky lot in life of the public defender to explain to them why their chances of prevailing at trial are so bleak.

I digress, PDs are required to represent all probationers who are accused of violating their conditions of probation (at least in the treasure state). So we are of some use, at least as far as negotiating sentences and trying to get revocation petitions dismissed.

"It's your funeral, I'm just making the arrangements."

Answer 7

ummmm...how do you know this person wasn't guilty? Anyways, i would not know answer. Anyone who does violate probation deserves a whole lot of time in jail!!!

Answer 8

i dont know about the other stuff. but publice defender's dont get paid enough to care. or they use to care but have been working with undesirables for so long (not saying that you are) but other people for so long that they just get numb and dont care anymore. some time's their best efforts come to not any way fighting again people of more power like the judge who dont care to help.