Now unfortunately he is in jail and waiting to go to court. He has been indicted for less than 1 oz of marijuana and an empty residue bag of cocaine. They may try to get a felony on that from what we have been told. Because he is on Parole is there a possibility the DA or Judge will let him plea this down to a misdeamnor? We would also like to get him into a treatment program which we've advised his court appointed attorney. We were told if it is plead down his Parole officer will allow him to be released. Can they use the 1st violent sentence against him even though he completed that time? At the prob case hearing I heard the assit DA tell the attorney about it.
Criminal Defense Attorney
I see many questions on avvo in which people want to do what is going to happen to them because of such and such an offense or parole violation. In truth no one except your lawyer can even give you an approximate answer to that question because it depends on so many variables: your state’s laws and procedures, your criminal history if any, whether there are any sentencing enhancements, whether your state has diversion programs for your offense. These kinds of questions really require that you contact a local lawyer and even then they can only give you a range.