My girlfriend has a violation of probation from over 3 years ago and is scared to appear in court that she may go back to jail for it. I am looking into options for her, and I have told her she needs to go back, but want to get a lawyer for her first to assist. What are the chances that she will indeed go back to jail, and what can be done through the court to try to prevent her going to jail. I understand a longer probation may come into play, which she is willing follow and attend. Her previous VOP was due to a very bad time in her life that she has made immense strides to go past. Any advice at all would be of help.
Being found in violation of probation is indeed serious. But not going to court is not going to make it better, it will only get worse. There is no "guarantee" of jail time, but failing to appear will make it much more likely because she will not be able to avoid the VOP forever. She needs to retain an attorney ASAP to represent her in this case. If she is unable to afford a private attorney she should apply to the office of the public defender. Don't wait until the day of court. Good luck.
While the court retains its discretion how to sanction a violation of probation, usually some jail is the result. Consider that the court already gave the probationer a chance, when it originally imposed probation instead of jail. If the probationer violates the court's conditions, then in part the court must make an example of the violator, or else no one would take probation seriously.
Perhaps your girlfriend has good mitigation. Consider a confidential consultation with an experienced criminal defense attorney.
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No. However, you provide no facts at all to evaluate the possibility. It will not help if she has been "on the lam" for months or a year after the VOP was first reported. However, generally, judges are receptive to strong proof and showings that a defendant has addressed their various issues and are doing all the right things. Schedule an appointment with a lawyer to review all the details in private.
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