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    sounfair's Avatar
    sounfair Posts: 5, Reputation: 1
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    #1

    Sep 12, 2007, 01:14 AM
    Will husband just get time served or added time to probation
    My husband's not being extradicted on probation violation. But will they add more time to his probation, or get time served or more jail time for new misdemeanor charges of canabis and pharapharnalia? So lost any info or some similar experience would be helpful thanks can't sleep until I know until he comes back home to me hopefully soon any or all replies asap
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #2

    Sep 12, 2007, 01:49 AM
    Here is one answer. There are some people on this site that know a lot more about things like this then I do. Hopefully, they will come along. But, I do know a few things. I know what hell it is to have to wonder and wait to see what happens.

    I would think that it all depends on what the probation officials want to do. He might get more time added on or have to serve more time or he might not.

    Where does he live?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 12, 2007, 03:59 AM
    That is good that he is not going to be extridited back, they can not "add" time in your new state to the old states courts ruling, so his current probaton will remain the same.

    He will have to go to court and have a new trial and a new sentence for the misdemeanor charges. So several things can happen, the local DA can be so mad that they did not extridite him, that they try and get him the max. ( not likely but anything is possible), he could get sentenced to some new jail time, be given a second probation and the such.
    Best bet let the attorney work out a deal.
    sounfair's Avatar
    sounfair Posts: 5, Reputation: 1
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    #4

    Sep 15, 2007, 09:48 PM
    Quote Originally Posted by Clough
    Here is one answer. There are some people on this site that know a lot more about things like this then I do. Hopefully, they will come along. But, I do know a few things. I know what hell it is to have to wonder and wait to see what happens.

    I would think that it all depends on what the probation officials want to do. He might get more time added on or have to serve more time or he might not.

    Where does he live?
    polk county, Florida transferred probation from Nebraska
    sounfair's Avatar
    sounfair Posts: 5, Reputation: 1
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    #5

    Sep 15, 2007, 09:51 PM
    Quote Originally Posted by Fr_Chuck
    That is good that he is not going to be extridited back, they can not "add" time in your new state to the old states courts ruling, so his current probaton will remain the same.

    he will have to go to court and have a new trial and a new sentence for the misdemeanor charges. So several things can happen, the local DA can be so mad that they did not extridite him, that they try and get him the max. ( not likely but anything is possible), he could get sentenced to some new jail time, be given a second probation and the such.
    Best bet let the attorney work out a deal.
    best thing I've done so far is throwing his son out of the house. He shows no remorse, and I believe he is still using. If he shows up again, I'll call the cops on him. He's the one that deserves to be in jail.
    lilred40's Avatar
    lilred40 Posts: 35, Reputation: 2
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    #6

    Nov 29, 2007, 01:50 PM
    Quote Originally Posted by sounfair
    my husband's not being extradicted on probation violation. but will they add more time to his probation, or get time served or more jail time for new misdemeanor charges of canabis and pharapharnalia? so lost any info or some similar experience would be helpful thx can't sleep til i know til he comes back home to me hopefully soon any or all replies asap
    I'm not in law enforcement, but... is your husband already on probation? If he is, and he has new charges on him, then he's going to end up doing time, plus he would be in direct violation of his original probation, so then he'll have that time to serve as well. I know you probably didn't want to hear that, SORRY! My ex husband was on probation, and got a DUI, ended up serving remainder of first offense, and then served time for his DUI.

    Best of luck to you both!
    ludabug01's Avatar
    ludabug01 Posts: 3, Reputation: 1
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    #7

    Jan 22, 2008, 10:47 PM
    Quote Originally Posted by sounfair
    my husband's not being extradicted on probation violation. but will they add more time to his probation, or get time served or more jail time for new misdemeanor charges of canabis and pharapharnalia? so lost any info or some similar experience would be helpful thx can't sleep til i know til he comes back home to me hopefully soon any or all replies asap
    He will most likely get new charges and a probation hold which means he will serve his remaining probation time in jail then be tried for his new charges
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jan 23, 2008, 06:59 AM
    Quote Originally Posted by sounfair
    best thing i've done so far is throwing his son out of the house. he shows no remorse, and i believe he is still using. if he shows up again, i'll call the cops on him. he's the one that deserves to be in jail.

    Your husband was arrested for his son's crime?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Jan 23, 2008, 09:49 AM
    Hello sounfair:

    In order for you to get the best possible legal advice, it would be helpful if we had a more complete picture. Maybe if you can tell us the whole story at once instead of piecemeal.

    I don't understand why he's in jail. If he hasn't been convicted of any new charges, then there's no violation - at least not yet. They certainly wouldn't keep him in jail for pot. So, if you could fill us in...

    Like Judy, I want to know more about the son and I want to know what he's "using".

    excon
    fde's Avatar
    fde Posts: 93, Reputation: -4
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    #10

    Jan 23, 2008, 02:13 PM
    They can't add time! He has already had his time sentenced. If he has new charges then he may very well get time for that too. I commend you for standing up and getting rid of a user even if you love them by helping them to survive your aiding them in there addiction. I really hope that everything gets better. I hope your man understands why you did what you had to do. The drugs out there are so scary .I am so sorry that he found his way to them. If they have been in the home though there is not much hope for a child to stay clean.
    wessonluv's Avatar
    wessonluv Posts: 2, Reputation: 1
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    #11

    Mar 13, 2008, 01:22 PM
    Quote Originally Posted by sounfair
    my husband's not being extradicted on probation violation. but will they add more time to his probation, or get time served or more jail time for new misdemeanor charges of canabis and pharapharnalia? so lost any info or some similar experience would be helpful thx can't sleep til i know til he comes back home to me hopefully soon any or all replies asap
    This all depends on his judge and what violation it was. Alcohol consumption could just give him a warning or added probation. Now if he ran someone over, (lets hope not) it could mean he could go back. It also depends on his attitude of what he did and why. If he continues, no judge will want to even see him, and deny any request for probation and just send him in. writing a letter on your behalf might benefit him. I've been in and out with the courts for years because of my church and their facilities and programs. When we go in to get someone out, and ask for probation on a guy who keeps violating it is very hard to help him.
    Hope this helps.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Mar 13, 2008, 04:04 PM
    Quote Originally Posted by wessonluv
    this all depends on his judge and what violation it was. alcohol consumption could just give him a warning or added probation. now if he ran someone over, (lets hope not) it could mean he could go back. it also depends on his attitude of what he did and why. if he continues, no judge will want to even see him, and deny any request for probation and just send him in. writing a letter on your behalf might benefit him. ive been in and out with the courts for years because of my church and their facilities and programs. when we go in to get someone out, and ask for probation on a guy who keeps violating it is very hard to help him.
    hope this helps.

    This was a September 2007 post and the person hasn't been back.

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