Can a repeat offender avoid jail?

Question Details:

My friend got arrested last April (marijuana possession) and then again in October (marijuana possession) violating her probation. In November she both got arrested again (petty theft) a day before her court date. Now I am worried that she could go to jail. Could she? Is there anything she should do to lessen her offense?

Asked 11/19/2009 under Criminal Defense | 199 View(s) | More Legal Topics

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Criminal Defense Law Answers

You friend is subject to jail time as a result of the violations of her probation.  the state is not going to give her any sort of sympathy.  the state's attorney has what is known as prosecutorial discretion to determine what he will charge your friend with and what jail time, if any, to seek to impose against her as a result of the fact that she obviously does not learn from her prior mistakes.  to make this a lesser charge i suggest finding out whether your friend has  drug problem and needs to seek medical help - i.e. she steals to support her habit.  the argument to the state is that she is better off in some sort of hospital or out patient clinic that can treat her for her habit and that jail is not the place for her.  i would also help her hire a lawyer to make this argument.

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