My boyfriend was arrested in June for endangering the welfare controlled substance disorderly conduct and no license. He was put on probation for it. He went six months good with no violations and then he just stopped going. Today he was picked up...
As the other attorneys here have said, it sounds like he was picked up for a violation of probation for failing to report. He may remain incarcerated or possibly be releases on certain conditions (like electronic monitoring) during the proceedings, but the ultimate resolution can include anything up to the maximum sentence for the underlying offense of which he was convicted. His previous attorney will likely still represent him on the VOP. If not, he or you should contact a criminal defense attorney immediately.See question
My son has been in jail since November 15th, 2016 on a VOP and still has not had a hearing. His criminal case is now in Supreme Court because he was indicted. My question is what happens to the VOP now because of the indictment? Any help in answer...
As my colleagues have already stated, it's likely the VOP is "on hold" to see how the criminal case gets resolved. Since he was already on probation when he was arrested for the new felony, it is likely that the DA will be seeking a period of incarceration for the new offense. So if your son pleads or is convicted after trial and sentenced to incarceration, a VOP hearing will be unnecessary and the prior probation sentence would likely just be revoked. His attorney will be in a much better position to answer your questions.See question
The police officer who pulled me over told me to plea not guilty. I was going 40mph in a 25mph zone. I will plea not guilty, but do i also request a deposition? Thanks.
It sounds as though he is willing to negotiate with you to a reduced offense (or allow the special prosecutor to do so) at your pre-trial conference. If you request a supporting deposition within 30 days (assuming you were not already provided one with the ticket) and you do not receive it, you can request that the ticket be dismissed entirely, although some courts require you to make that application in a written motion. If the officer is required to provide a supporting deposition pursuant to your demand, he may be irritated at the extra work and it may affect your ability to negotiate. It's not right but it happens. Bottom line is you have a right to request a supporting deposition if not provided with one upon issuance of the original ticket. It's up to you whether you want to exercise that right. A lawyer can certainly help.See question
Last time I had and traffic offence was 30 year ago a DUI
You should call an experienced DWI defense attorney immediately, the sooner the better. Fortunately for you, you wouldn't be subject to enhanced DMV penalties if your prior was 30 yeas ago, but you are still facing a criminal conviction.See question
I got pulled over after I left court for a inspection ticket and got pulled over for the inspection. Told the cop I just left court for it and he said my eyes looked funny and pulled me and and tore my car apart and found a pill that I didn'tt rec...
You need to speak with an experienced and knowledgeable criminal defense attorney as soon as possible. If the facts are truly as you described them, then you may have a viable defense. But if there is more to it, which may be the case since most non-attorneys don't really know what's important and what's not, you'll need to schedule a consultation with an attorney.See question
Left sister with 3 month old and she left the baby on his stomach and he suffocated On life support now
That is a very unfortunate situation. I'm sorry to hear it. Best wishes for a full recovery. As already stated by all, yes, you certainly could and probably will have to defend against criminal and possibly family court allegations. Contact an attorney experienced in both practice areas immediately and DO NOT post any more questions on a public forum or make any admissions to anyone.See question
The case was reopened on the grounds that I wasn't informed by my attorney that I'd face deportation. If the 440 gets granted, can the court hand you a worse sentence than the initial sentence? I was giving a 2 years probation for a 2nd deg. Reckl...
Yes. That is the risk of reopening a case. The 440 simply vacates the conviction and puts your case back at square one. If significant time has passed since the conviction, you may be in a better position as certain evidence or witnesses may now be unavailable, making it difficult for the prosecution to try your case, and you may be able to now resolve the case with a violation or better instead of a misdemeanor. But the opposite may also be true. All of the evidence against you may still available, and perhaps now there is even more which could all but guarantee a conviction. And DA's really don't like to have to deal with cases twice so there may be no plea bargain this time around since you're "making" the DA work twice as hard. There is risk in everything in the world of criminal defense. However, if there truly was a legitimate basis to vacate the conviction (i.e., your Padilla violation), and perhaps the DA consented to the application to vacate in the first place, then the risk of being in a worse position is likely minimized.See question
Got pulled over from an unmarked police car. Said I was speeding but still have not produced a speeding ticket. Been sitting in jail for 6 months they found drugs but testing came back inconclusive and there were 14oz weed. Trying to give me 8 yea...
Your description does not make sense in terms of what the offer and the circumstances as you describe them. If the case is already 6 months old I'm guessing you have an attorney. These are questions that should be directed at your attorney. If you are not happy with your attorney make arrangements to hire another attorney. And I agree with the previous response; this is a PUBLIC forum and anything stated in these forums (if linked back to you) can be considered admissions or otherwise used against you. Keep the conversation confidential by speaking with an attorney directly.See question
Hi: I was arrested for DWI and driving while impaired within 6 months about 4 years ago. I pled guilty, got in-house treatment and outpatient treatment and entered a 12-step program. I have now been sober since the day of my second arrest. The J...
The details of your case are important, but cannot be accurately pulled from your question, at least by me anyway. The order of your offenses and subsequent conviction(s) may dictate the consequences to your license. It is also not clear if you pleaded guilty to one offense to cover the other, or if you pleaded to both seperately. Do you have any prior alcohol related driving convictions in your lifetime? Serious driving offenses? If you only have 1 or 2 convictions, then this may just be an administrative mistake at the DMV level. If there is more to it, then you will likely need an attorney to help you try to get some driving privileges back. Speak with an attorney experienced in these administrative/appeal matters. Not just a DWI defense attorney.See question
I blew over a .18 in upstate ny and my lawyer suggested we push it back till we see the grass growing. Is this the right tactic?
Every case is different and your lawyer would be in the best position to know what the best course of action may be. What it's a "sign" of is that your attorney has some sort of plan. Sometimes a delay can be beneficial to a defense if the strategy is to wait out the district attorney (if he or she is notorious for dumping stale cases), to wait for an involved officer to retire (if there is knowledge that will happen), to wait out a hanging judge if he or she will be retiring soon, to conduct an investigation, to allow you the opportunity to get yourself into treatment or show that you have taken steps to address any potential substance abuse issue you may have, or any other number of reasons.
Keep in mind, however, that any period of license suspension/revocation you are currently serving as your case is pending will NOT count toward any post-conviction period of suspension/revocation. If you are ok staying on a pre-conviction conditional license (assuming you are eligible for one) for the duration, then riding your case out shouldn't be a problem (just as long as you don't get yourself into any more trouble on the conditional). If you are more interested in expediting any period of revocation and getting your license/privileges back as soon as possible, then waiting that long may not be immediately advantageous to you and you should discuss that with your attorney.See question