Q: I violated my probation with a dirty UA my PO issued a warrant and the warrant says stay of execution of sentence. Am I
Going to prison for 15 months for 5th degree possession then
A: No that does not mean that you are going to prison. It is stock language that ends up on a probation violation. Typically, the formal violation report will provide a recommendation of how long that you serve for the violation.
A: A stay of execution of a sentence imposed is a type of "probation," with conditions. If a probation officer alleges that a probationer violated a condition, he or she can ask the judge to sign an Arrest and Detain Order (essentially an arrest warrant), and initiate the process for a court hearing on (1) whether the probationer did in fact substantially violate a condition; and,if so, (2) what sanction is appropriate for that violation. Simply reciting that the probationer is currently on a stay of execution of a sentence of up to 15 months, does not mean that the judge will definitely revoke the stay and execute all 15 months. That would be a worst case scenario, and rare - especially for a first, relatively minor violation. Discuss with your lawyer.
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.
