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skil22

Class a misdemeanor non-indictment over 60 days....

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I had got 30 months probation for possesion of parahenalia. along with 45 days credit jail time and fine. While on probation I was accused of a retail theft , which was enhanced to a class 4 felony, for which I recieved a remand to a treatment facility. After a suspension and unsuccessful attempt at rehabilitation, I caught a class A misdemeanor which carries one year. I have 22 months in on the 30 month probation, and the new charge carries up to a year. There is a petition to vacate probation because of the new case. I have not been indicted on the class A for more than 60 days. I would like to know why Im still here, if my time is up, or how long does the state have to tell me their intentions with regards to the misdemeanor. And do I get day for day for the year I might be facing, and do Iget day for day for the time Ihave been sitting? Any help to this cunfusion willl be so helpful...thanks for looking.... 

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If you already were (guilty) of your previous charge (you accepted probation) but you unsuccessfully  completed probation in anyway, then you can be re-sentenced on that case.  Your new case (Class A) will definetly run day for day if sentenced to county jail time. However, keep in mind the Judge ultimately has the power. The reason for that statement; you've caught a few minor cases back to back - if your background or the "new" case allows - they could possibly upgrade your charge to a class 4 felony or enhance your sentencing guidelines. If not, and your new charge remains a (Class A) the most time, as you stated your facing, is one year in County Jail - day for day (six months) minus the previous 45 days you have in. Unless they upgrade/enhance anything - you are worried over a minor situation facing a minor amount of time. 

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