What are my chances the judge won't send me to prison and will I get a bond for a probation violation? 14 Answers as of August 31, 2015

I lost both of my parents due to cancer and have been very depressed. I am 22 and I have been out on probation since April 2013. This was my first time ever messing up and since, my suicide attempt, I have started going to therapy which I've never done before. If someone could please help, I am need an answer as soon as possible.

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Each judge is different. Many defer to the recommendations of your probation officer so it is always good to have your PO on your side. You also need a good attorney one that predominately practices criminal defense and regularly handles probation violations with your particular judge. Also, some judges and POs are more sympathetic than others. Whatever you do, make sure you have a good lawyer on your side.
Answer Applies to: Michigan
Replied: 11/7/2014
Law Firm of Martin & Wallentine
Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
First, the judge will determine whether there was a violation such that your probation should be revoked. Then the judge will either send you to do you underlying time in custody or the judge will give you another chance and reinstate probation. The judge could even possibly make you do a little shock time in jail and then reinstate you. It will depend on the arguments being made, the facts, the recommendations by your lawyer, the prosecutor, and the probation officer. Additionally, depending on the situation, you could potentially beat the allegations or prevail on some kind of motion to dismiss.
Answer Applies to: Kansas
Replied: 11/6/2014
Walpole Law | Robert J. Walpole
Your chances are better than even that you won't be sent to prison unless the charge was murder, rape or the like. Make sure your attorney is aware of these stressful situations which have impacted your psyche. Good luck.
Answer Applies to: Oklahoma
Replied: 11/6/2014
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
It all depends on your attorney and your judge. Hire an attorney or get someone appointed.
Answer Applies to: Alabama
Replied: 11/6/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
It is very difficult to answer your question without knowing more about what you are on probation for, and how you violated that probation. Life circumstances, and especially the fact that you realize that there is a problem and are taking measures to make yourself right, can be helpful in such a situation. It may be worth your while to simply call an experienced defense attorney in your area and explain the whole situation so you can better know your options.
Answer Applies to: Michigan
Replied: 11/6/2014
    Universal Law Group, Inc. | Francis John Cowhig
    It's impossible to guess what a judge will or will not do in a given situation. The best advice I can give you is to hire an attorney to help you with this.
    Answer Applies to: California
    Replied: 11/6/2014
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Sorry to hear about your situation. Your question cannot be answered because it does not contain sufficient information. You need to retain legal counsel to advise you. This web site cannot substitute for your own lawyer.
    Answer Applies to: New York
    Replied: 11/6/2014
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Tell me nothing about the underlying matter for which you are on probation, nor do you tell me what the probation violation is, nor do you tell me whether or not you have any criminal history.... all factors that are considered by the judge.... I have no way of answering your question.
    Answer Applies to: Washington
    Replied: 8/31/2015
    Shalvoy Law, LLC | Walter A. Shalvoy Jr.
    There are too many missing pieces to this puzzle to give you an intelligent answer. Contact a lawyer for a free consultation to go over the matter in detail.
    Answer Applies to: Connecticut
    Replied: 11/5/2014
    Connell-Savela
    Connell-Savela | Jason Savela
    It depends on your prior record, what you are probation for and how much compliance you have shown. But, if lower level felony, it is unlikely that you will go to prison. It is best to have an attorney. Get back into compliance ASAP. Be prepared to show proof of therapy etc that you have been doing.
    Answer Applies to: Colorado
    Replied: 11/5/2014
    Two Rivers Law P.A.
    Two Rivers Law P.A. | David M. Cox
    That will depend largely on the nature of the original offense and the nature of the violation. I would need to know more about those facts to give you a good answer. As it turns out, I have found ways to keep a couple of clients out of jail following a probation violation in the past few months.
    Answer Applies to: Minnesota
    Replied: 11/5/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You want an answer and have provided no info about the violation of probation. How long is the probation? Is it a felony or a misdemeanor probation? How long were you on probation when you violated? How did you violate probation? My recommendation: Take some of the money your mother and father left in the will or estate and retain an attorney.
    Answer Applies to: Georgia
    Replied: 11/5/2014
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    This would depend on what the charge is; what your priors are and what your probation was violated for.
    Answer Applies to: Missouri
    Replied: 11/5/2014
    Gates' Law, PLLC | Thomas E. Gates
    You did not say what your probation violations was. It is highly unlikely you would go to jail, unless the violation was serious and you have had a repeated history of violations, which you do not.
    Answer Applies to: Washington
    Replied: 11/5/2014
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