My husband was placed on probation for 3years it was about 2years into his probation he was rushed to a local hospital due to severe chest pain it was diagnosed that he neede immediate open heart surgery he almost didn't make it through the surgery about 5weeks he finally gets to come home he was home not even 1week his po calls him to his office and decided he wanted a urine sample my husband agreed but explained to him he was taking a prescribed medication oxycotton due to his surgery his po after taking his urine sample immediately placed him under arrest violated him and my husband is serving 4 years for taking a prescrided medication... please help is this legal? And this was his 1st and only violation w/p&p

please help is this legal?Hello R:

Slow down a little and tell me at WHAT point the procedure is. I DOUBT he's seen a judge for his violation hearing, because I DOUBT he'll be given "4 years". He didn't even have 4 years of probation to begin with...

But, to answer your question, it IS legal. I'm sure your husband signed something saying that he wouldn't take prescription drugs WITHOUT permission, and he violated that provision.. I know - it's stupid...

That's why I believe that when a judge hears what happened, he'll let your husband out of jail, assuming he's in there.

If I'm WAY off, please fill in the holes and we'll start over.

excon

Yes, he is just being held, pending a hearing, till it goes to a judge, so you hire an attorney.

Agreed, he is not to take prescription medication without notifiy the PO, When he was in the hospital did he tell the PO or did you call and let them know he was in hospital.

Next at the hearing, he proves the medication was from the doctor, he had a prescription and most likely the judge will just put him back on probation.

Next he can not do 4 years if he probation was only 3 years, 3 years would be the max

to answer you answers yes my husband has already gone before a judge yes he is not in jail he is in prison gas been in prison for a year and a half and does not go before the board till late 2012 they gave him 4years because his po gave him an internal charge in Nevada that is a 1=3

Rakaelle cut and paste this post and go back to your original post and ppaste in the answer box. You can't have a conversation by starting a new thread with each post. Click on this link to get back to your first post https://www.askmehelpdesk.com/criminal-law/husband-innocent-476842.html

If your husband has already been sentenced to prison by the Judge what do you think we can do here to help him?

He's already been tried and convicted. To appeal his probation violation sentence now being so far out would be a waste of time and money. The best he could hope for would be to get out early or get out on parole.

Most PO's don't care if you are hospitalized. BUT if notified immediately of the hospitalization they obey the fact that the probationer did notify them of the hospitalization. The fact he was in the hospital for 5 weeks - he or you should have kept the PO informed of his continued hospitalization on a daily or semi daily basis. Also, when he came out of the hospital did he immediately contact the PO and let him know he came home and was on prescribed meds? From your statement it sounds like the PO had to be a mind reader on your husband's sitation and location.

I am sure the Judge heard all the relevant information and decided accordingly. Just because someone is hospitalized does not relieve them of the duty to immediately inform the PO of the sitaution.

Being on probation is just like being in jail only you get to sleep in your own bed at home. You still must adhere to reporting and informing the PO of your whereabouts and situations.

I will say there is a lot more to this story, sorry, the system is bad at times, but this does not sound 100 right. Did he have an attorney ? But at this point there is nothig you can do but send him a little cash for care each month, go visit when you can.

An attorney may try to appeal if there is reason

What was the original charge for please?

Hello again, R:

Yup. We don't have the full story, and we can't help without it.

excon

What was the original charge for please?

the original charge was x felon possession of fire arm it was my fire arm legal and registered to me

It does not matter who the firearm is registered to it cannot be in the same household as a convicted felon. You should have kept it outside of your home in a different location than your husband's dwelling.