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    m_dominguez23's Avatar
    m_dominguez23 Posts: 1, Reputation: 1
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    #1

    Apr 25, 2012, 11:55 PM
    What will happen to my fiancé for a first time probation violation?
    Offender information: Louisiana, Livingston Parish, GED education, 30 years of age

    Here's the story... My fiancé and I took my brother in, he was homeless. Within two days of him being with us, we went to my fiance's cousin's wedding. My brother stole 3 Visa gift cards and $100 from the gift table. Later that week, my brother gave my fiancé one of the cards to use in a gas station. (Yes, you would normally think that taking a random card and using it is odd, but here's the thing: although my brother was homeless, my grandparents spoil the **** out of him, so it is not unusual for him to have a Visa gift card.) My fiancé did not know they were stolen.

    Anyway - the bride and groom found my fiancé on camera at the gas station. Soon after, they got a warrant for his arrest and arrested him on Friday, April 13, 2012. Within hours my brother confessed to the crime and that my fiancé did not know anything of it. My grandparents bailed out my brother that Monday. The charges are to my knowledge, hopefully, being dropped. The bride wanted to drop the charges, but it has to be done through the D.A. What I am hoping (and asking) is if they will most likely be dropped - especially since they have a confession and the bride will testify that my fiancé had nothing to do with it.

    My fiancé is still sitting there today (April 26) due to probation hold (clandescent lab). I hired a lawyer to see about a probation bond, and the judge denied it. My lawyer said it may have been since his court date is coming up soon, May 9 2012. However, I spoke with the judge's secretary, and she said it may have been because of his previous arrest, the lab.

    Anyhow his only 'oopsies' during probation have been not paying fines (we are in the process of getting those paid now while he is in custody), not telling his P.O. that he didn't get a job that he applied for (is that even a violation? I don't know if it's technically a CHANGE in employment... if he didn't get the job in the first place). Also, he lives with his grandmother but she has a mentally retarded sister who has to come stay with her just about every other week, and most weekends. While she is there, there is no room for us to stay there, so we have to go to his mother's house. We told that to the P.O. the first day we met her; we gave her an address, phone number, etc. We are never anywhere else other than those two houses. But anyway, they could violate him for not staying at his address on the paperwork. His P.O. is a huge . From what I have seen of her, she will pin him down with everything she has. (First-year P.O. -- she has to shine her armor for all to see she's a badass.)

    So my questions are:

    Will the new charges be a violation if they are dropped?
    What will happen at his hearing? 30 days in jail? 60? 90? (Please, PLEASE, don't say revoke!)
    What can I do to prepare for May 9 (hearing)?
    Drug court an option?

    He is quite literally my heart and soul. I'd rather have my back, neck, and legs broken than feel as alone as I do now. I am so willing to do ANYTHING that it takes to get him back home with me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 26, 2012, 06:39 AM
    All PO are "badass" and the longer they are a PO they find better ways to try to send him back. That is their job, they live for nothing else than to find ways you violate.

    Not sue about the lab issue, was there a drug test failed ?

    But make sure that his lawyer has and calls the brother to court to testify and show he is changed and has confessed to the crime,

    The other violations are important, and as you see now need to be dealt with as they happen in the future.

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