View Full Version : Violation Of Probation
vacationgirl36
Oct 23, 2006, 10:28 AM
My husband was charged with Resisting Arrest w/o Violence.
He was sentenced to take 8 hr Anger management Class.
Probation for 1 year.
Write apology letter to cop.
Pay court fees & FInes = 825.00.
My husband was pulled back into jail for Violation Of Probation.
Everything else was completed. Husband. THOUGHT, probation was over once
he finished his classes and wrote apology letter - ( this is what Judge led him to believe).
But later after reading the court paper's, I discovered they crossed our Probation will automatically terminate - crossing ouT automatically and writing over it the word MAY terminate. He saw the judge and he did not give a second bond - giving a court date for 30 days from now. What will happen when he goes before the judge? Will they say time served, or issue more probation time, or more jail time. Or what? I really need answers.:confused:
ScottGem
Oct 23, 2006, 10:33 AM
Its hard to tell. On the face of it it appears that it should be waived, but you never can tell. Since he took the class, paid the fine and wrote the apology, what did he violate? The only thing I can see would be reporting to the probation officer. Didn't his PO try to contact him or did they just pick him up when he missed his first appt?
vacationgirl36
Oct 23, 2006, 10:45 AM
Yes, they did send a letter.
But my suborn husband, said the letter is a mistake and the judge would know.
Had previosly reported to the probation officer three times.
On the last visit to the probatiotion officer -He said he would take care of things and see to it my husbnads final ppr be sent to the judge.
I guess this is when he realized the scratched out word on his court papers. This really was a trick on the courts part.
Any way, now he's in jail no bond and currently working double-shifts in the kitchen - they listed him as a trustee - Please note: this is Seminole County -Florida. I don't know what will happen when he goes before the judge. My husband does not want probation! He rather sit in jail, first. YES, I know he is very stubborn.. But I just hate not knowing.:confused:
ScottGem
Oct 23, 2006, 10:54 AM
Well, I hope he's learned you DO NOT ignore a letter from a PO or a court. As soon as he got the letter he should have called or gone into the PO and found out what was going on. Ignoring the letter was a BIG mistake.
Again, its hard to tell what the court will decide. If he was just picked up, he could plead that he was under the impression from the judge and the PO that it was all done with. That's still his argument, but having gotten the letter its harder to make a case for that.
vacationgirl36
Oct 23, 2006, 11:04 AM
WELL, what's the worse that can happen?
ScottGem
Oct 23, 2006, 11:12 AM
He could get jail time for the balance of his probation.
vacationgirl36
Oct 23, 2006, 11:21 AM
Thank you for your honesty and quick responses. In truth, My husband has been in jail, 30 already. HE will be seeing a judge today at 1:30 - I'm biting off all my nails waiting to hear the outcome. I am at work, typing to you instead of working... I hate this!
I would love to hear time served and he's released. But I know that is wishfull thinking.
I'm sure the latter will be complete the rest of his probtion time. ANd he will not want that.
THe worse as you said will be jail time for the remainding 5 months. This he will do!
But that leaves me to deal with everything on the outside - And that includes staying Celibate. The worse thing about all of this is the family has to be punished same as the offender. And the charge is so dumb! I'm a mother with 2 teenage boys. I don't drive, and live more than 1 hr away from work. Don't mind me - I'm just venting. Thanks again.
excon
Oct 23, 2006, 12:09 PM
Hello vacation:
Tell him NOT to tell the judge that he'd rather not have probation. Believe me, the judge would just as soon that he sit in the can.
I've done time with people like your husband. They don't believe they can live up the rules of probation or parole, so they'd rather sit in the slam.? I never did understand that kind of thinking.
Your husband doesn't think he can make it on probation?? Where does he get that from? He already did make it. Tell him all he has to do as answer the letters they send.
excon
lovehurts707
Aug 27, 2010, 02:19 PM
Could a restrained person also file for a restraning order after one was granted on them?
excon
Aug 27, 2010, 03:27 PM
Hello love:
Sure.
excon