Silver Spring, MD asked in Criminal Law for Maryland

Q: My fiance was found guilty of drug paraphernalia and giving false name to avoid prosecution, she was given an 180 day

Sentence all suspended but , 30 days with 2 years of unsupervised probation. She is a two time felon and once released from these charges she goes right back to court for trespassing and malicious destruction of property. If found guilty will she violate her unsupervised probation and have to complete the remaining 150 days?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Whether she does her back-up time is up the the judge at the VOP hearing, but that is what she is facing. She has to be found guilty of the VOP first. That will typically depend on whether she is found guilty of the trespassing and malicious destruction of property. Therefore, her focus should first be on resolving those new charges without a guilty finding, and second on doing things to convince the judges she will face to not put her in jail, things such as getting a job, attending counseling or receiving treatment for any underlying conditions (substance abuse, mental health), or perhaps volunteer or charitable activities. Hard to say without knowing more about her and her specific issues and circumstances. She needs a lawyer.

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