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Criminal Law/voilation of my probation

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Expert: Edward Martinovich, Esq. - 9/18/2006


Question
i was placed on probation on april 13, 2006 for poss of cocain , i took the first time offender act, and was sentenced to 3 years probation, i was just arrested in cobb county ga. the same county again this time fir mistimenter shop lifting, i served 17 days at the adult detention center and pled guilty and was released for time served, no probation set free, but i voilated my probation and now i have to turn myself in because there is a warrent for my arrest for the voilation, this is my first voilation, my probation officer said i would get a court date right when i turn myself in and i will go in front of A jail judge, it will take 2 weeks, and she will recomend 6 months, meaning i will have to serve 3 monts in the detention center, for fist time voilation? isnt it suppose to be 30 days for voilation? will they consider that i was released on time served? for the shop lifting? what will happen to me?

Answer
Krista:
first off, it doesnt really matter why you violated your probation, the issue is that you violated it by being arrested and convicted for a subsequent crime.  The judge has the discretion to sentence you on a violation for up to the entire term of your probation.
I strongly urge you to get a private attorney immediately.

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Edward Martinovich, Esq.

Expertise

Please do not ask me questions regarding possible terms of imprisonment. Further, if your question has to do with statutes of limitation, be aware that if you have been out of the state to avoid the charges, the statute will not apply. Finally, do not ask questions such as "I want to make a will for my kids, can you write it and email it to me" I can answer any questions regarding the criminal justice system, from arrest all the way through appeals, and for that matter, many other generic legal issues as well.

Experience

I am currently a criminal defense attorney. I have approximately 5 years of experience in both civil, constitutional, labor, and criminal law. I am a member of both the California and New York bars. I am currently an attorney for Johnny Cochran's criminal defense firm.
I worked for the Legal Aid Society of New York City. I worked for the NY Civil Liberties Union, and for the New York State Attorney General-Civil Rights Division.

Education/Credentials
I graduated Magna Cum Laude from the State Univ. of NY at Albany. I graduated from City University of NY School of Law in 2001, at near the top of my class. I passed both the NY and California bar exams on the first try, widely considered to be the most difficult exams in the nation.

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