My Boyfriend was put on probation 3 years ago. And has never violated it. Sep0of 07 was when his probation was suppose to finish. He has a good job and is the providor at our home. On June 22, 07 he was pulled over and searched until they found a piece of paper in his wallet with his friends name, social and date of birth.But the reason he carrieds that information is because he took over a car that his friend could no longer pay.And now we are making the payments.When we make they payments we need that information to make payment. Mr Soto the previouse owener has never reported his Identity stolen.So they had nothing better to do than to charge my boyfriend with Identity theft and violation of his probabtion. When he had court on June 26, he pleaded NOT GUILTY and they tried offering him 2years. He did not take it. Hey put a hold on his bail and gave him a new court date on for his probation hearing on JULY 18TH.
Mr. Soto, previous car owner has been served to appear at court on July 18th. I suppose that should be a good thing, because he will be able to clear all this. Do you thing my boyfriend will be released that date?.
#1- he has never in past 3 years violated his probation.
#2 charges accused of are not true, because that person will testify

What can expect on the probation hearing? Will that help releaze my boyfriend?

When the previous owner appears and confirms that he provided that information willingly and for what purpose, your boyfriend should be fine.

But you really should consider having the car title transferred and getting a loan under your (or boyfriend's) name to pay for the car and avoid future issues such as this.

Why would they search him? Even when a person is on probation the police still have to have probable cause for the search. What lame excuse did they use? There is something missing from this, cops do not just arrest you because of a piece of paper, that is not a violation of probation.

Actually if you are on probation you can be searched at any time. It's usually placed automatically as one of the stipulations of probation much like not owning a gun or not being able to drink (technically). Being on probation is just cause. The police are an extension of your P.O. Part of being monitored (on probation) is to be sure you in fact are not breaking the law in any way. May not seem fair but just the way it is.

Since your boyfriends friend is going to appear in court and clear the air for them, your boyfriend should be okay and the "violation" dismissed. After speaking to several lawyers when I was seeking legal advice (and finally settled on one for my husband), they have to be able to prove the violation and if your friends walk into court and clears it up - they have no proof that he violated probation. Also considering that he has kept his nose clean for the past 3 years on probation, this should all be dismissed as a misunderstanding.

Good luck!

Hello Kat:

I'm not as sure as my compatriots are. Prosecutors, unless they want to lose their cases, don't call a witness to court having never spoken to them and not knowing what they are going to say. IF they have any doubt about their criminal case, and they don't appear to have ANY, they could simply violate your friend's probation. They don't need anywhere the standard of proof needed in a trial.

Clearly they think they have proof beyond a reasonable doubt. That's certainly a higher threshold than they would have to prove in a violation hearing.

Therefore, I think you b/f is going away for a while.

excon