Q: I have neck surgery scheduled for november 2nd 2021. Can a judge sentence me to state jail for my probation violation.
Im on 2 yr deferred probation . I violated by failing drug tests.
If you are on a 2 year deferred for a State Jail Felony the judge can sentence you anywhere in the range of punishment. The range for a State Jail Felony is from 180 days - 2 years in a State Jail facility.
There are a lot of other potential options that can be negotiated with a prosecutor, so you should consider retaining counsel that can advocate for you. It sounds like you have some potential health issues that need to be addressed, which could impact the outcome of your case.
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