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    samsam123's Avatar
    samsam123 Posts: 2, Reputation: 1
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    #1

    Apr 13, 2012, 09:20 PM
    Probation violation
    Hi I live in New York and I got charged in Virginia I was sentenced to Prison for 3 months for traffican contraband cigarets in 2008, my guide line was from 10 to 16 months, I did 3 months in prison and 3 monthes house arrest.. I also got 2 years probation, and on my last day on probation my probation officer gave me a voilaition for Laying on financial info. Judge gave me one more year of probation. Then on my last day of probation on this year again he gave me a another voilation, and this time at my job he said I was doing fraud while working selling hot food on EBT food stamp card, but I was never charged for anything like that he said that the food stamp place found out I was on probation and gave him all this info now I don't know what to do. He told me that I'll get a year in prison, and there's no way I can do a year I have 6 kids and a wife and I'm the only one employed please can someone here help me out on what's the best thing I should do thank u...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 14, 2012, 07:12 AM
    So you hire an attorney and you make them show proof of the violation. You do not have to be charged with a crime to be violated, if the PO can prove you broke the law, regardless of being charged he can violate you
    samsam123's Avatar
    samsam123 Posts: 2, Reputation: 1
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    #3

    Apr 14, 2012, 07:50 AM
    Thanks for answering... What if I'm found guilty on this voilation would they give me 16 months in prison?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 14, 2012, 08:19 AM
    Quote Originally Posted by samsam123 View Post
    He told me that I'll get a year in prison, and there's no way I can do a year I have 6 kids and a wife and I'm the only one employed please can someone here help me out on what's the best thing I should do thank u....
    Hello sam:

    All he can do is RECOMMEND that you get a year. A judge doesn't have to do it. But, pleading that you CAN'T go to jail because you have children WON'T work. You're going to need to show the judge that you DIDN'T do the deed that you're accused of. If you did, say bye bye.

    But, I find it interesting that he found these crimes on the LAST day of your probation - TWICE... You ARE paying probation fees. Those fees DO go toward his paycheck... Besides, I don't trust those a$$holes. You shouldn't either.

    Yeah, I know. Lawyer's aren't cheap... But, going away for a year or so ain't cheap either.

    excon
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