I am currently 11 months into my 12 month probation sentence. My probation expires on 03-08-19
I had a relapse 2 months ago and my probation officer made me apply for drug court.
I've only had one PV so far back in 04-24-18
I am unwilling to do drug court so I might as well revoke. I currently have 180 days over my head and have only served 30 of the 180.
My question is what is the process if I walk in tomorrow and tell my PO I want to revoke.
Will I be able to see a judge? Will there be a bail set?
Also what are the chances of me getting a modified lowered sentence? In other words, is there a possibility I may not have to do the full 180 especially since my probation expires 1 month from now.
Any chance of a rule 34(where they cut time in half)?
A rule 35 does not cut time in half. I don't know how that rumor got started, but it has been passed around way too much. A rule 35 asks the judge to be lenient, on the basis of information you provide that gives him a reason to be lenient. If there were a rule that would automatically cut time in half, judges would just impose harsher sentences, within the boundaries of the law.
Your probation cannot be revoked unless you go back before your judge. While a probation officer has the power to take someone into custody on an agent's warrant, that would normally require the officer to swear to some violations of probation, and "I don't want to do probation" isn't a violation to me. If you have any discretionary time, the PO might be able to put you into custody on that, while they work on filing a PV. If you want to reject probation, contact the attorney who represented you about getting a motion filed.
You should kind of look at your sentence and probation as a deal you made with the judge. If you fulfill your end, you don't do all that time. If you do not fulfill your end of the deal, you should expect to get slapped with all that time. There are probably not a lot of reasons you can provide that would justify a reduced sentence when you are also telling the judge "screw probation."
You really should contact the attorney who represented you. At a minimum it might make sense to wait around and see if your probation expires without the state taking any action. Just because you might have violated and your PO knows about it, that doesn't mean they have started turning the wheels that lead to a PV. Additionally, even if they do get a PV filed, they might be somewhat limited in how it can resolve. The violation might not justify throwing all your time at you.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline