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apetty18 · Nov 5, 2007, 11:20 AM

My boyfriend was arrested vop on a felony charge Friday. It was his first violation. He had smoked marij and told his officer as he was being asked for a urine sample. She did not allow him to pee even though he wanted to. She wrote that he refused his test which isn't really true. He just warned her before hand and then wasn't allowed. Is this a true violation if he wasn't allowed to pee. Also, he was held without bond. Can an attorney at this point help him bond out (his hearing is 7 weeks away and was due to start a great new job next week) or is there stiff penalties to vop on a felony charge? What can I expect at this hearing? Will they reinstate the original 5 year sentence or is there a possibility that they might "smack him on the hand?" Should I be optimistic or throw in the towel?

excon · Nov 5, 2007, 11:49 AM

Hello a:

You can hire an attorney for the hearing. That would be GOOD. But he's not going to be given bail. There's no way I could tell you what will happen. You should hope for the best, but expect the worst.

excon

apetty18 · Nov 6, 2007, 07:54 AM

Yeah but what about original sentence of max 5 years? Can he get that on his first violation when EVERYTHING else has been done (classes, restitution, community serice)?

Diesel101 · Nov 13, 2007, 10:57 AM

Hire a good lawer, more than likely he may be reinstated along with going to some out patient treatment program, other wise he's more than likely looking at state time

apetty18 · Nov 19, 2007, 07:30 AM

Okay, we hired a good attorney so here is another question. Why is he sitting in jail for 45 days on this VOP. Eleven guys were taken to court this morning for the same type of VOP (some even picked up new charges). They were all violated the same day as my boyfriend- 3 were VOP after him yet they are already having their hearings. 6 of them are assigned to the same judge as my boyfriend so you can't say it is the court docket. Why does he have to wait another month for his hearing? I thought hiring this private attorney could help speed things up!! Any suggestions as to why he is being held so long when everyone else seems to be getting out?

excon · Nov 19, 2007, 07:40 AM

Hello again, a:

I have no idea, but if you have an attorney HE'S the one to ask.

excon

apetty18 · Nov 19, 2007, 07:48 AM

Haven't been able to get him on the phone in a week! His assistant continues to tell me "He's in court today- try back later" Well, bull! I spent $4000 on him and I want some answers as to why he must sit there another month. Do I have the right to push this attorney or will that just make him agitated and ruin my boyfriend's case?

excon · Nov 19, 2007, 08:00 AM

Hello again:

I don't know if I'd use the term "push". I like manage better. When you have people working for you, you don't PUSH them, do you? I mean, if you had a gardener who wasn't blowing your leaves right, you'd MANAGE him, wouldn't you? Otherwise he'd tell you to ****.

That's what you need to do with this lawyer. Returning phone calls ISN'T something they do very well - NONE of them. That doesn't mean he isn't a good lawyer. It just means his office skills suck. But, you didn't hire him for his office skills anyway.

Ok, HIS skills suck. How are yours? If phone calls aren't working, send an email, leave a DETAILED message with his secretary, go to his office, go to court. DO something different to get the job done. Don't blame the lawyer. He's just being a lawyer. YOU go manage him and get your money's worth.

excon

apetty18 · Nov 19, 2007, 08:23 AM

Thanks Excon! I have never been through any of this before and you seem to be the only one out there that has given me any kind of a clue as to what to do. Thanks for the encouragement but most of all your honesty! I may have more questions at a later time. Thanks again!

melissamae4 · Oct 18, 2011, 07:32 AM

What happened with your mans case?? I am going through the same thing right now with my fiancé...

ahurtingfiance · May 21, 2012, 07:12 AM

My bofriend is on 3 years felony probtion, never failed a drug test, has a job and has kepy up on his child support a few months ago he got caught selling weed to an undercover so he snitched on someone ( I know it wasent the right thing) earlier this week they came and arrested him on 3 felony 5s trafficking, this is also his first probation violation in a year he has a year suspended from last November when he was sentenced he did 6 months in county jail November to April and is currently on probation as of right now what's going to happened to him? Do you think they will be leinent because he helped the prosecution? I need awnsers I'm going crazy here and this sucks!

excon · May 21, 2012, 07:59 AM

Originally Posted by ahurtingfiance

do you think they will be leinent because he helped the prosecution?

Hello a:

No. He should have made a deal BEFORE he snitched.

excon