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?
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
