Do I have a stayed sentence?

[hello4279]

Rhode Island

I have a warrant because I violated my probation for not completing domestic violence classes. I want to hire an attorney and do what I need to put this behind me. I don't know if my sentence is stayed or not. I have contacted a few attorneys but when I tell them my situation and that I want to know if I have a stayed sentence before I hire them, they seem to go around the question. I am under the impression that if the sentence is stayed then there is no point in paying money to an attorney because I will inevitably have to serve my time and there is nothing that an attorney can do for me. So, my question is, is there a way that I can (on my own) find out if my sentence is stayed and how would I go about doing this. Thank you.What is the name of your state (only U.S. law)?

 

[dave33]

I would say you do not have a stayed sentence.Very unlikely you were sentenced to prob/susp and a stayed sentence on the same charge.Since a warrant was issued on a violation youve got problems.If you get arrested and presented as a violater (32f) almost certainly in the state of R.I. you will be held without bail.Regardless of stayed or not you need a lawyer.I assume your sentence was 1 year,so the judge has the discretion to give you up to 1 year to serve.A decent criminal lawyer can greatly reduce that number.Also unlikely,but possible would be to re-enroll in court mandated classes contact your probation officer and ask if they can withdraw the warrant.A lot of this depends on your current relationship with your p.o. and past record.Also the p.o. or the attorney could answer the styed sentence question for sure.Were you no probation already when you got the most recent conviction?

 

[hello4279]

I had other warrants at the time and that is the reason that I was brought in during the time of the domestic. While I was in jail they told me that they would run my time for the new charge if I plead out. I was young when this happened, had no lawyer and thought that they were giving me the right advice. I know now that I should have gotten a lawyer and taken my chances. I just really don't want to go back to jail. If it was a stayed sentence, would the judge have said that during sentencing?

 

[dave33]

As for the other warrants,were you out on bail?Are you saying you wouldnt have got picked up for the domestic without the other warrants?Also the judge would have made a stayed sentence extremely clear.

 

[hello4279]

Thanks for your help