Is it possible to avoid jail time after violating bench probation?

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Is it possible to avoid jail time after violating bench probation?

I’m 19 years old and have 2 misdemeanor charges. The first one is a drug paraphernalia charge. I was ordered to pay fines and no probation last year. The second is a theft under $500 charge. I was ordered to do community service, pay court fees and restitution as well as have no conflict with the victim. I was also put on bench probation which was ordered to be 2 years and almost 1 1/2 years ago. I recently got a ticket for MIP. I’m seeking an alternative to jail.

Asked on June 13, 2012 under Criminal Law, Missouri

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may not be able to avoid jail this time if you cannot find an attorney to help you plea this out or have it dismissed. If you were in possession of alcohol or anything else as a minor and you are currently on probation, chances are you are going to do jail time. The whole point of probation is to give you a second chance and to steer away from trouble because any additional charges can bring not only voiding your probation but also enhanced charges and jail time. Talk to a criminal defense attorney who is experienced with interim probation violations and see if anything can be done on your behalf.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is possible that you may avoid jail time after violating the probation that you were on. it all depends upon the probation report, the mind set of the prosecutor and whether the judge is in a good mood or not when you show up in court. I suggest that given the circumstances that you have written about that you should consult with a criminal defense attorney to assist you.


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