Birmingham, AL asked in Criminal Law for Alabama

Q: I have pled guilty to a split sentence. I just got 2 poss. of paraphernalia. Will I go back to prison? What are my odds?

There are circumstances that are unusual. I am doing very well since I've been home, and am, well was about to contact DHR, and get my son back to my custody, out of my mother's. She called the police on me. She vowed I'd never have custody of my child, and this is not the first time she has had me arrested. Am I going to have to serve the remainder of my split due to this?

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2 Lawyer Answers
William E. Scully Jr.
William E. Scully Jr.
  • Criminal Law Lawyer
  • Daphne, AL
  • Licensed in Alabama

A: You know very well that you might go back to prison. What kind of idiot thing is this to do--Why are you using MJ while on probation and hoping to get your son back!? Seems like serving a split sentence would have made it clear to you that you needed to make some changes in your life. Whether or not you are going to go back to prison is too uncertain. Commission of a new offense is not a technical violation, and the judge will probably have the option of absolutely sending you back to Tutwiler.

David L. Freidberg
David L. Freidberg pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Chicago, IL

A: Not necessarily. Depending on what your sentence was, the judge could recommit you to probation. Additionally, if this is a misdemeanor, which it should be, it may or may not even violate your probation. Your attorney needs to coordinate this case with the State's Attorney or probation department handling your prior conviction.

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