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First time violation of probation

Asked Jan 1, 2010, 02:25 PM — 6 Answers
My husband was arrested in Jan 08 for Gross fraud, a 3rd degree felony. When he was sentenced he could either do 6 months in county jail or 3 years probation. He did the 3 years probation. He was also sent to a Rehab program for 1 year, on a misdemeanor drug charge. That charge has been dropped and case closed because he finished Drug Court Dec 10. He passed every drug test, checked in with both misdemeanor probation and felony probation when he was supposed to. Well After he finished Drug court, he got really stressed at work and drank. Well that led to him relapsing one time on cocaine. He admitted to the rehab program he used, they did a urine test and he failed. He went to probation and he was afraid he was going back to jail and he decided to run away from the program. Stupid. Well he didn't check in with probation for one week and when he went there Dec 22, there still wasn't a warrant out for arrest yet. PO arrested him on probable cause. How much time do you think he is facing. He has been sober for 11 months and slipped once. He has been paying probation, and finished drug court and those charges were dropped. Since they first offered him only 6 months to begin with, can they still go for the maximum punishment?

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6 Answers
Fr_Chuck's Avatar
Fr_Chuck Posts: 72,607, Reputation: 37031
Expert
  
#2

Jan 1, 2010, 03:42 PM


Let me see, several violations, using the drug, leaving the program and not reporting,

He could get the maxium amount of time left in his probation.
He perhaps should have taken the 6 months
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concernedforhim's Avatar
concernedforhim Posts: 4, Reputation: 10
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#3

Jan 1, 2010, 04:47 PM
There weren't several violations, this is the only one. The misdemeanor charge was before the felony probation was even given, and that case has been dropped. He didn't take the six months because he wanted to get help. The program he was sent to was only interested in him paying his rent. He needs help, counseling, something. He didn't get it there. I'm not saying he should have left, but at least he turned himself in and asked to be arrested, so he could take responsibility for his actions
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excon's Avatar
excon Posts: 21,004, Reputation: 15480
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#4

Jan 2, 2010, 07:21 AM


Hello c:

No, he can't go back and change his decision. They can make him serve ALL his sentence, but since this is his first violation and he turned himself in, I think they'll reinstate him...

excon
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concernedforhim's Avatar
concernedforhim Posts: 4, Reputation: 10
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#5

Jan 3, 2010, 01:11 PM
So they can only go as far as giving him six months? I really hope they just reinstate his probation. I know if they give him a choice this time, he will do jail time, then go to a rehabilitation center where he can acutally get some counseling.
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ranada's Avatar
ranada Posts: 1, Reputation: 10
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#6

Mar 18, 2010, 01:20 PM
My boyfriend didn't go see or pay his p.o is he intitled to a 90 day turnaround
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sexmachine511's Avatar
sexmachine511 Posts: 4, Reputation: 10
Junior Member
  
#7

Oct 31, 2010, 02:12 PM
I have a ?.. My husband had a violation in my for probation for missing appointments this his first violation . He was sentenced to 3 years probation and now has 2 months left . How much time do you think they will lock him up for? Or will his probation be reinstated
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