I got put on probation about 2 years ago after my DUI and violated once already for not finishing community service. I completed everything else on time The judge gave me an extension but due to the circumstances in my life I have found myself in violation of probation again. I was seriously assaulted and spent months in the hospital and it left me with a serious brain injury. I am really struggling to finish out this last year due to anxiety attacks, missed appointments and severe avoidance issues. I have a hard time even leaving the house to do anything let alone take UA's. My cognitive functioning is severely affected but Im trying and my po knows this. But I still am not doing my UA's and I take responsibility. Is there a chance of getting treatment in lieu of jail time? Can I explain to the judge my circumstances or does that look like Im trying to make an excuse? I know it will be almost like giving the judge the finger when I go back up after he's given me so many chances but I am struggling and the pressure is too much for me right now. I was facing 1 year originally max. Thank you for your help.
It would be a good idea to work with an attorney.
You will want to explain to the judge the reasons for your difficulty. You will also want to explain what steps you are going to take to make sure that you comply with and complete probation in the future despite your injury. If you can do this, the judge may agree to reinstate your probation and allow you to complete your sentence.
If, on the other hand, the judge is convinced that you are incapable of successfully completing probation or that you aren't taking your obligations seriously, then the judge may decide that the only option is to send you to jail for a year.
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Obviously, each judge is different; however, setting out your specific issues to the judge will help. Your medical condition is a factor in your case. I would make sure that your probation officer knows the situation in full. Additionally, it is best if you have an attorney to assist you in this matter. The presentation to the judge may be extremely important.
You need an attorney. Many of the judges I am in front of will not tolerate a second revocation and will impose substantial jail time regardless of the excuses.
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