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Assault 3rd, violation probation + others!!! help!

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sman_1

Junior Member
What is the name of your state? New York
I was placed on probation for 3 years due to a criminal tresspass. I was adjudicated a youthful offender. Then after about 1year of being on probation, i was charged with criminal mischief 4th and violation of probation, they reinstated my 3 years of probation and i had to start over i was adjudicated a youthful offender. Then i just got an assault 3rd charge a few months ago and a violation of probation. I have been in front of the same judge all three times. He isnt very happy with me and the DA wants me to be in jail. The probation officer i had was working completely against me and she wants me in jail too. I am currently on pre trial release house arrest. I am 19 years old and i will be graduating high school this year. Im hoping to go to college. What can i do?
I dont really want to be on probation (its ruining my life, ive lost my girlfriend, all my friends, family) and i dont want to sit in jail because of college. What can i do? im really worried. Is there a way that i could just get weekends in jail without probation? someone please help me, im up for anything!!!!
 


FlyingRon

Senior Member
I have been in front of the same judge all three times. He isnt very happy with me and the DA wants me to be in jail.
I wouldn't be happy with you either. You got multiple chances at probation to keep your act clean and avoid confinement. You decided to disregard that chance. Probation while it may seem onerous to you really isn't that bad and is a whole lot better than doing time. You are an adult now. You will be treated like one, you should act like one.
The probation officer i had was working completely against me and she wants me in jail
too.
She made you not only violate your probation but break the law?
I am 19 years old and i will be graduating high school this year. Im hoping to go to college. What can i do?
It looks like much of that is in jeopardy now.

someone please help me, im up for anything!!!!
You need a lawyer to try to do his best to get you out of the additional charge and plead to the judge and the PO that you're going to turn over a new leaf in college, but I don't know if they have any reason to believe that.
 

moburkes

Senior Member
You want to go to college, and you don't want to go to jail. I'd like you to explain why you shouldn't go to jail. What have you done to prove to the probation officer and the judge, that you are trying to be on the right track?
 

xylene

Senior Member
NYS LAW Assault 3 said:
PL 120.00 Assault in the third degree: A person is guilty of assault in the third degree when:

1. With intent to cause physical injury to another person, he causes such injury to such person or to a third party, or

2. He recklessly causes physical injury to another person, or

3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

Assault in the third degree is a class A misdemeanor.
That is a very serious charge that did not 'just happen' to you while you were minding your own trying to finish high school.

Care to explain how you came to be so charged?

Because the "judge/PO are against me" story has all of the weight of a feather.
 

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