I am on 2 yrs probation for poss. of meth under 5 grams and I recently flunked a drug test and got violated. I get sentenced the 20th of this month it is my only violation. I have a public defender and he informed me that the states offer was 2 yrs doc but he said to go with an open plea. I have been going to group at Heritage the rehab here and I have never missed a appt. with my p.o. I have not been able to pay on my fines do to no job. I did the pre-sentence report already. My drug counselor is coming to court to be a character witness as well as my mother. I have no idea what to expect. I have heard that you have to have three violations to get sent to doc but I dont know if that is true. Can you give me some kind of opinion on my case please. I have never been in trouble before this.
Lawsuit / Dispute Attorney
Ethics -- You state you already have a public defender as your counsel. That ethically prevents any reputable attorney on Avvo - or anywhere else for that matter - from weighing in. Professional ethics prohibits interference with an existing established attorney client relationship.
This site is not here to provide a forum to second guess your attorney.
Discuss this with your attorney.
Criminal Defense Attorney
I fully agree with the first answer given. You must rely upon your PD and go with your own gut as to what's right for you. However, I can tell you that if you had a dirty urine, it does constitute a Violation of Probation and that means you don't have a lot of latitude anyway as to what the plea will be for you. Getting your drug counselor involved is usually a good idea.