my lawyer said i was getting probation and now they don’t want to give me probation
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my lawyer said i was getting probation and now they don’t want to give me probation
The DA had said i was getting probation to.
Asked on May 20, 2009 under Criminal Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
This can happen. Maybe something came up of which the DA was unaware, possibly an previous offense or details of your current offense. You need to question your attorney fully on this matter.
Just know this, probation is a discretionary matter. Even as late as the day of sentencing the judge can choose not to accept the DA's recommendation for probation .
There is no law stating that probation must be given, just that it can be given.
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
probation is a very subjective thing that is never guaranteed. If your lawyer said that you would get probation as did the DA than I suggest contacting your lawyer. They will be able to tell you why you were refused if that is the case.
If you are still eligible than they will also explain that. usually when both sides are in agreement the end result is what they agreed upon however the ultimate decision is not in the attorneys hands but in the hands of the decision maker.
Call your attorney because they will be the one to know why in fact you did not get probation
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