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Home > Law > Criminal Law   »   will husband just get time served or added time to probation

 
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Old Sep 12, 2007, 12:14 AM
sounfair
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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 thx can't sleep til i know til he comes back home to me hopefully soon any or all replies asap

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Old Sep 12, 2007, 12:49 AM   #2  
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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?
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Old Sep 12, 2007, 02:59 AM   #3  
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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.
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Old Sep 15, 2007, 08:48 PM   #4  
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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 transfered probation from nebraska
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Old Sep 15, 2007, 08:51 PM   #5  
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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.
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Old Nov 29, 2007, 11:50 AM   #6  
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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!!
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Old Jan 22, 2008, 08:47 PM   #7  
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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
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Old Jan 23, 2008, 04:59 AM   #8  
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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?
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Old Jan 23, 2008, 07:49 AM   #9  
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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 wanna know more about the son and I wanna know what he's "using".

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Old Jan 23, 2008, 12:13 PM   #10  
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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.
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