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  1. #1
    Join Date
    Nov 2009
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    1

    Default Probation Violation Assault Second

    My question involves criminal law for the state of: new york
    my daughter pled guilty to assault second and was sentenced to five years probation. she failed to obey the probation and has now been violated.
    she was sentenced 6 years ago. will the judge impose the origional sentence?
    is there an additional charge for the probation violation?
    she has three year old daughter is that a mitigating factor?
    she also has no other criminal activity

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Probation Violation Assault Second

    The judge can resentence her based upon the probation violation. We don't know the facts of the original charge, or the facts or seriousness of the violation. If she committed a new crime, she can be prosecuted for that new crime. Her lawyer is the best person to ask about likely sentences.

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