Federal probation violation (technical)

Asked over 5 years ago - Okeechobee, FL

I am currently in violation of my federal probation for associating with my boy friend whom has pending drug possession charges, but has not ever been convicted of a felony. the probation office and prosecutor is recommending jail time and my federally appointed public defender says i am looking at jail time. my P.O. told me that he could only recommend that i do not have contact with my boyfriend but once he is convicted then i will be ordered to have no contact with him. i am a single mom raising 3 children one of which had his 2nd open heart surgery less than 2 mos ago. i was sentenced to 4 yrs probation being a level 4 and charged with maintaining a drug involved premises. i guess the question i am asking is could having a privately appointed lawyer keep me out of jail to be with my children or is it solely up to the judge and the prosecutors recommendation? please help!!

Attorney answers (1)

  1. Michael Alexander Misa

    Contributor Level 12

    1

    Lawyer agrees

    Answered . The question for any attorney representing you is whether there is any independent evidence of your association with the BF AND what is the evidence that proves you had knowledge that he was arrested for the narcotics violation. I hope you have not admitted knowledge of the arrest. That would make their case much easier depending WHAT you said. You should seek out a qualified attorney that is familiar with your judge and VERY familiar with federal practice. The case analysis requires identification of the evidence. If it is not in your favor then you need to be able to mitigate your position before the judge with all the above information...PS It would be good to know whats going on in your BF's case. The governments case would be hampered if he is acquitted or his case dismissed??

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