FINAL VOP REVOKED HEARING
What are the chances the State will drop the minimum sentence offer before the hearing? This is the third violation of probation on a felony case, the violation was a new pety theft charge. Min sentence is 5.5years. I have requested a mental eval from the PD but it has not been done yet. Previous violations were because my son was kicked out of drug treatment centers. I am trying to prove he needed a dual diagnosis treatment center.
4 attorney answers
When the State Attorney has a strong case to prosecute, the likelihood of reducing plea offers gets less and less as a Final VOP Hearing approaches. However, if there is a defense to the alleged violation, negotiations should be occurring between attorneys up until the Hearing. Mental Health is a legitimate reason for a departure from the Sentencing Guidelines when confirmed by a Licensed Professional and presented with a rational relationship to the alleged VOP. Meet with the attorney and express your concerns and expectations. You could also get a second opinion from another attorney.
We are lawyers not divinators or bookies, thus we don't quote odds, still, anything is possible (whether or not it is probable is another story) and were I a betting man then I'd wager that your chances at a favorable outcome will exponentially increase with the assistance of a skilled and experienced criminal defense lawyer efforting on your behalf.
That said you have a lawyer - the PD - and that is the only person on the planet to whom you should be directing your questions about your case to.
Wishing you luck and hoping that I have been helpful in answering your question.
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I cannot even try to guess what will happen.
I can suggest scheduling an appointment with the PD and bring proof of all mental health and substance abuse evaluations and treatment that your son has been getting throughout his life.
If you are still not satisfied with the information provided by the PD, then speak to your son and decide if hiring a private attorney is the best option for you.