It was my first offense n was charge with attempting car jacking, I served 3 months and got released with three years probation , I believe my time I is a year of local prison time if I violate . Newho I violated probation once by not showing up for my drug test and being late on a payment. My probation officer send me to court and I was sentenced 90 days in jail but was released the next day due to overcrowding. I have now missed a payment again and didn't show up for my drug test.My probation officer requested for them to take me off probation n resentence me . I'm scared to loose my job I have a full time job and will be starting college soon . I have never tested negative or anything like that I just forgot my daily check in :( I don't want to go to jail . I need advice?
I am sorry to say this, because I know you don't want to hear it, but you need to do what you were ordered to do! Make your payments. Do your drug tests. And stay off drugs so that your tests will be clean. There are no magic words that a lawyer can offer to get you out of messes if you keep screwing up. Virtually no one wants to go to jail. But you apparently do not care enough about it to make sure you live up to your obligations. So what can you do? Cooperate with your probation officer. Apologize. Bring a payment in today. Offer to take a drug test, today. That's what people do when they really, truly, care enough about not going to jail. I know, this is not what you want to hear, but you need to hear it.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.
Advice: Retain the best criminal defense attorney you can find. You have MUCH to lose and the offense for which you received probation is a serious one indeed. If probation is denied, you could be off to prison! The Big House. Department of Corrections (and Rehabilitation).
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
I practice in Michigan, but I would say as a rule of thumb with each successive violation you are more likely to be looking at jail time. Missing payments or tests is usually viewed as less egregious than positive tests or new offenses. However, in my jurisdiction it is common for judges to say that missed tests are the same as a positive. I'm guessing your offense is a felony so I'd get together the funds for well versed defense attorney in your jurisdiction.
First, I assume that you have never tested positive--you said "negative." There is no telling if you will get jail or how much. It doesn't look good that you violated probation for a second time by doing the same thing you did last time. While it is never good to violate probation, your violations are not among the most serious types of violations. Your sentence will depend on many factors. For example, how have you been doing so far, have you paid your fines and court costs, what is your history, what were you on probation for (attempted car jacking is pretty serious), how much time have you done on probation, etc. I suggest you hire an attorney who can help with this. Good luck to you!
The answer above is not legal advice nor establishes an attorney-client relationship between you and J & J Law Firm, PA. Please consult with a local lawyer in your area to obtain confidential legal advice based on your specific situation and the facts in your case.
Unfortunately, your options are very limited at this point as the courts do not take kindly to repeated violations of their order. A missed drug test is pretty much considered a failed drug test and it appears you using. You have much too lose right now and must act promptly to have any chance of avoiding jail, but it could be too late already. Use the "find a lawyer" tab here on Avvo to locate a local criminal attorney for the court where your case was decided. You need an attorney who has experience in that court and knows the prosecutor/judge. There may be a small chance they could negotiate, but this need to be done before your court date. Get on the phone now. Most will not charge you a fee for consultation. Good luck.
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