I had a with hold of a judacation with 2 years of probation in maimi dade for my first offence(drug trafficing). I violated my probation with 8 months left, didnt do most of my community hrs and/or AA class. I know i need a lawyer and would like to know if anyone can help me with any other option i can look at other than jail time. Such as house arrest and if so how much time? I wouldnt mid jail time unless 2 or 3 months or less if possible. My Judge is Dennis Murphy.( I am currently in orlando and its were my probation was transfered but my case is in maimi dade)
You can be sentenced anywhere from probation reinstated to the maximum sentence. yes you will need an attorney to negotiate the lighter of the possible sentence.
Criminal Defense Attorney
The sentence you receive can in fact be up the maximum sentence allowable by law in your underlying case. Majority of trafficking cases are first degree felonies punishable by up to thirty years in prison. That being said, dont panic....there can be many outcomes in your case including even a dismissal of your violation and even a termination of your probation.
I do not know all the specifics of your case. However, based on what you have stated, it does not sound like you violated ALL conditions of your probation. For example, you have not committed a new crime. It also appears you are currently out on bond (if you have yet to be arrested on the warrant a bond can potentialy be negotiated on your behalf once you are incarcerated). Take advantage of this opportunity and complete conditions you have thus far failed to. Sign up for that AA class and finish that community serivce. Completion of these conditions are all factors that can be used to argue for leniency on your behalf.
Whether or not you have corrected all the violations of your probation prior to your vop hearing are things that will factor into the amount of jail time, if any, you ultimately serve. Help your attorney help you and get to doing what you got to do. Good luck!
Criminal Defense Attorney
You can face the maximum sentence under the original charge of drug trafficking. Most drug trafficking charges are 1st Degree felonies which would carry a maximum sentence of 30 years.
If you have 8 months left on your probation and still have community service hours and AA classes to take then it is possible that you could get these done before your probationary term ends. If you failed to report to your probation officer then that makes it a bit more complicated.
Without knowing more, you could be facing anything form prison to county jail to community control (house arrest) to extended probation or even just reinstatement.
I strongly recommend that you contact and retain a skilled criminal lawyer in Miami as soon as possible. A probation violation is very serious but being proactive can help limit the potential punishment. My offices are located in Miami and I have had many cases before Judge Dennis Murphy. Feel free to contact me regarding your case and what we can do to help you put this behind you.
Best of luck.