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    michelle1227's Avatar
    michelle1227 Posts: 1, Reputation: 1
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    #1

    May 2, 2011, 05:25 PM
    Criminal law
    I am on 5 yrs felony probation... I have only been on probation for 1 yr... I am getting violated because of misdemeanors... driving without lisence(2)... assault 3 and petty theft(taking those to trial)... how much time can I get on violation... I am on probation for drug sales and possession... I am in a program... I have had a few cop contact but no arrests and 2 dirty urine in the past year... how much time can I get for the violation? I live in Nassau county NY...
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    May 2, 2011, 05:38 PM

    You can go back for four years minimum. A lot more if they decide to charge you with those others... and I can't fathom WHY they would let those slide.

    You are lucky they didn't throw you in jail for driving without a license. You can get a year in jail for each offense there... and I've seen a number of people get just that.

    With MULTIPLE violations... I'd say you are going back in. One you might skate by on.

    I assume you were actually trying to get violated. You don't accidentally do that many illegal things in a lifetime... much less a year, when you KNOW you have to be careful.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    May 2, 2011, 06:37 PM
    Quote Originally Posted by michelle1227 View Post
    i am on 5 yrs felony probation...
    Hello m:

    Actually you can go back for the full 5 years... Time on the street doesn't count toward your release date.

    excon
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    May 2, 2011, 07:36 PM

    With the recent edit saying he actually got arrested for the driving without a license.

    Were you arrested on both... or just one? Like I said... I've seen more than a few people hauled off to jail for being convicted of that in traffic court with a year on a single charge and no priors. You might be better off being tried on both at once than separately. If you haven't retained a lawyer yet... now is the time to do it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 2, 2011, 07:40 PM

    You can get up to the max or your full probation time.

    Let me see what you don't consider "much"

    Assault

    DUI

    Theft

    Two dirty urines

    Any one of those could send you back normally for a few months.

    So it will depend on if the judge is having a good day or not when you show up

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