Hello,
My boyfriend was arrested on Sept. 4 for violation of probation. He last went to jail in 2006 for not paying fines for his offense in 2005. After he paid his fines in 06, he was under the impression he wasn't on probation anymore. He never received any more notices and it seemed okay. He had to move Sept 07 and never told probation his new address because he assumed he was done with it.
He had a DYFUS hearing on Sept 2 because the mother of his child and him are in a custody battle. The child was taken away from her because of unfit living conditions and he was going for custody. Two days later, he got locked up.
His probation officer denied bail and doesn't like him too much. He is in jail for not doing community service and for not paying his monthly probation fine. All would have been done if he knew he was on it!
He wanted to send her a letter apologizing but I don't think he should? His family keeps calling and explaining he did not know he was on probation, which is true. His father, who lived with him at the time verified never receiving notices (his probation officer said notices were sent in the months he was living at his former address, but his dad confirmed they never got them).
She will not let him go early, at first lied and said it was out of her hands but now admits it is and says she will consider talking to the prosecutor. Should we get a lawyer? How do you find a good one? They are so expesnsive but he's facing a year in jail and I would have to take over the entire rent, not just my half and it will cost me more in the end for him to be sentenced for a year.

Hello gt:

I think your math is right on, and I think an investment in a lawyer will pay off.

How do you shop for one? Look in the yellow pages. There's dozens of 'em. How do you shop for anything? You call 'em up, and talk to 'em for a few minutes. Do that with as many lawyers as it takes until you find one you like.

excon

Thanks, I did talk to one who was charging $2,500.00. Like I said, the lease isn't until next spring so my half of everything will end up costing more. Do you think a lawyer is necessary in this case? I live with him, and before his father did and he honestly never received anything. (he actually forwarded his mail with the post office and updated his info with DMV and everything).

Hello again, gt:

Look. I HATE these people. I'm on YOUR side. However, it's hard for me to believe that he was let out of jail NOT knowing that he was still on probation. But, it's not me you have to convince. It's the judge.

Now, lots of these probation officers are liars. Even though this one should have made it absolutely clear to your boyfriend, in person, and by mail, that he still had some time left, it's entirely possible that he didn't. But, he's going to SAY he did, and if your b/f can't PROVE him wrong, he's going down.

IF it's true, his lawyer can PROVE it.

excon

He knew he was on probation when he was let out. Later he had two court dates and paid $2,000.00 in fines and I even heard the judge say that he will be off probation once everything is paid. The judge even used him as an example of what someone on probation should be like. Heh. What I would have done was gotten something in writing, but he didn't.
I know he won't be able to prove anything, and I know his probation officer will lie (btw, she wasn't his original one, his original one liked him a lot but got promoted - she barely speaks english and has like blood lust for him).
He hasn't done any crimes since than, I just think a year for community service sounds crazy. His family is taking care of the fines before the court date.
Do you think a lawyer can help? I'm worried about not having that kind of money upfront.

Hello gt:

Don't start second guessing what a lawyer can prove or what he can't. If letters were sent, I suggest there's a copy of them in his file. I suggest the lawyer can subpoena those records, and if they're NOT in there, that's proof. There also are records of what was said in court. If what you think was said, was actually said, that's proof.

Look. I don't know the outcome. All I know, is that it will be a BETTER outcome if he has a good lawyer.

excon

Thanks, I'm just worried.. I know he never got any letters but what if it was the mail who messed up? That has happened before with other stuff when he lived there (he wouldn't receive bills, etc.) or I don't know.
You're right, I am just scared, I guess.. I thought this was all over with.

You didn't say if this was felony probation or misdemeanor probation. Huge difference. And what was the conviction for? That will help us here try and figure out a game plan.

It was pocession of a weapon, it was actually a bebe gun, but they're illgeal here, I really don't know which one it was, is that considered felony? (sorry, I really don't remember.) thanks for responding, though.
His last probation officer was really nice and was working torwards getting him off after he got out of jail for the fines. Than he got promoted and he got a new officer and she flat out doesn't like him. People think I'm making this up but I have seen her let people get bail for repeated bench warrants, etc. As I said, I'm not making excuses, it just makes me mad how she seems to have so much power!