My fiancé was sent to jail, serving 60 days, for violating an OP and domestic battery. We were both drunk at the time and the situation really wasn't as bad as it was made out to be but I wanted him to leave, he wouldn't, and when I called the police they said that if they removed him from the property he was going to jail. I assumed he would be released within a matter of days or at least have a bond, which he didn't. Anyway, I had sent in a motion to terminate the OP and drop the charges against him which was never brought up on any of his court dates. The state never mentioned that I had taken these measures and that I was just as guilty as he was of the domestic situation. Anyway, he got out on probation, for two years, wearing an ankle bracelet for GPS monitoring. His PO made an appt almost every other week and he made sure he showed up, he went to every court date, and he even got a job. He was ordered to taeke certain classes and even made an attempt to set up the classes he was ordered to take which were: domestic battery course, mental health assessment, and drug abuse classes, which he had to pay for entirely on his own at an outrageous rate. He was determined not eligible for the drug abuse classes as he was not a drugee, when he did his mental health assessment the woman informed him that he would have to take a four hour class, five days a week, at the cost of $100 per session until she thought he was better even at the cost of him losing his job. When he tried to set up for the domestic battery courses, he was late the first day as he was not entirely sure where to go and ended up being escorted to the right place by a security guard who informed the teacher what had happened. The woman was EXTREMELY rude and ignorant with him. My fiancé did what he could to disregard the ignorance this woman kept thrashing at him but when he couldn't take it no more he finally asked her what her problem was which resulted in her kicking him out of the class, and not receiving any credit for the time he was there. She told him to be there the next week ON TIME and one minute late wouldn't cut it. Well, he had worked late the night before and ended up waking up waay too late to go so he decided he would try again the next week because he knew she wouldn't let him in anyway. Well, his court date came up and his boss told him that he could not leave work otherwise he would be fired so he had to determine what to do. I called the lawyer's office for his PD and told them what the situation was, the secretary stated that it was only a check-in basically to track his progress and that they shouldn't be too harsh because it was only one court date. Well, he decided to stay at work and keep his job versus losing it and not having one. The next day he called his PO to tell him what had happened only to find out that the evil woman from the domestic classes was there and told the judge that he had deliberately missed 3 appts she had set up and never bothered to contact her. He was not there to defend himself against this one, which he didn't see coming, so the judge placed a warrant for his arrest for violation of probation. His case is considered a misdemeanor but still, he is on probation for it and there is a warrant. Now, I told him to consult an attorney and tell them EVERYTHING about the entire case, which he did. The lawyer told him to basically lay low and if he hired her she would get the warrant quashed because technically he did nothing wrong since the woman had lied which was the cause for the issue of the warrant in the first place. Now, he is scared and doesn't know what to do because he doesn't have the money to pay for the lawyer just yet but he doesn't want to go back to jail. In the instance that he is caught before he has the chance to hire the lawyer and goes to jail, will he have to do the remainder of his probation in jail? That is a total of two years and he was violated on false pretenses... PLEASE help me with answers!! Sorry my post is so long just wanted to give as much detail as possible!

Yes, there's a possibility that he will serve the original term or the original term plus additional time. Most of this does not matter (although I realize why you posted it) - his PO says he violated; he says he did not. My feeling is that the Judge is going to believe the PO.

He needs to retain that Attorney as quickly as he can. There is no "lying low" if the Courts know where he works and there is a warrant.

JKT has pretty much given you an answer to this situation but I would like to add one more thing. When he has to attend any kind of Court ordered class it does not make any difference in how the instructor treats that person as they must attend this class period. He has to learn to put aside his personal feelings on just how he is treated by the instructor even if badly and attend the classes. Most times the instructors are horrible, but that is to be expected. He did sign paperwork when he was put on probation to adhere to the Judge's Orders regarding probation. I'm not too keen on the Judge caring about the nasty attitude of the instructor as a reason to not attend the class.

Somehow your boyfriend needs to understand that probation is not an attitude game but a very serious game and needs to be treated as such.

If they do come and arrest him while at work, don't be surprised.

Well, needless to say, they did come and arrest him at work but only after his PO called his boss and his boss decided to turn him in. He was supposed to go to court today but when I went in his name was not on the docket. They said that they were not going to give him any additional charges and when he took off the ankle bracelet it was not damaged so they said they would not charge him with that which is definitely a plus. I guess the only thing I can do now is to call and see what happened with the court date and see if he was taken to court or not and why his name was not on the docket when I tried to go and hear what they were going to do. The only other thing is, it is not like he wasn't taking his probation seriously! He was complying with everything that they asked of him and then this incident occurred. Some people may not understand but for my fiancé, he has never held a job and never been able to help out with the bills so when he got this job it was a true blessing. He decided to keep his job, because of what his boss said, and take care of his family and that is what got him in this predicament in the first place. He is NOT a bad person, and I have since tried to contact the lawyer that we were looking into and she has yet to return my phone calls. Thank you for your responses!

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I'm sure he's a fine fellow.. I see that he DID take on some responsibility... That's great. He got a job. Most of us got a job when we were 17. That's when we started learning about responsibility. Your man is just starting. He's got a LONG way to go.

I'm not here to judge - just to help out. First off, he needs to learn how to control his alcohol. He needs to BE at appointments ON time, even if that means he has to get up 3 hours EARLY and arrive 3 hours EARLY for his appointment. Then he needs to learn to keep his mouth shut when talking to people who can DO DAMAGE to him.

I'm not sure if the PD wouldn't handle his case. It's looking pretty criminal in nature to me. Call 'em up.

excon

Yes, remember who the court is going to most likely believe, the women who did the classes or a person who is ordered to take the classes.

Next sorry the court date did not just pop up, he should have asked off for court weeks earlier when he knew of the date Missing a court date is almost "death" since it upsets everyone.

I would say yes he has a good change of serving at least some of the time now