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-   -   Falsly accused then arrested on a probation violation (https://www.askmehelpdesk.com/showthread.php?t=110270)

  • Jul 15, 2007, 07:55 PM
    Roylene
    Falsly accused then arrested on a probation violation
    Hello! Interesting web site!

    I'm very desperate for answers. My 27 yr old son is on probation for something extremely stupid he did about 4 yrs ago. He opted to stay on probation for an extended length of time so adjudication would be w/held. He is a full time college student mastering in Criminal Justice. Employed full time, recent home owner with a wife and three amazing children. Unfortunately, the honeymoon is over for them and they've been talking of divorce. His wife accused him of battery after he left with the children one night. The police called him and told him he had to return home. Police arrested both my son and his wife. Wife was released ROR the next morning. My son however was held on VOP. Within a few days, his wife admitted that she 'exaggerated' what really happened because she was afraid my son would take the kids away. The state dropped the domestic charges but my son is still in jail. His bond hearing in not for almost a month away. His total wait time will be about two months. This doesn't seem right. This man has done everything required of him by the courts. All he's done is try to do everything a person can do to make a good life for himself and his family.
    I've read several articles that state he may still be charged with the crime he was on probation for. We are terrified this is true. We do have an attorney, however, my faith in him is limited and all he tells us is "well, we'll just wait and see". Not very reassuring to say the least.

    He is rapidly losing everything he's worked so hard for.

    So I ask you all what you think.
    We live in Florida.

    Sincerely yours

    Roylene
    Very concerned parent
  • Jul 15, 2007, 08:38 PM
    babigirl1
    As I read this, I began to feel sad for your son. I have never been through anything like that, but I do know that the law isn't far sometimes. Just remember all things happen for a reason even the bad. When we are in the middle of a mess it is hard to see any good come from it at all. I know this isn't the answer you were loking for, but I just wanted to say. Hold in there and it will all work out. I will pray for your son and his happiness. God bless you and your whole family
  • Jul 15, 2007, 08:48 PM
    excon
    Hello Roylene:

    Something about his "adjudication w/held" bothers me. He can't be on probation for a crime, only to then be charged with that crime after he violates the probation stemming from that crime. Therefore, I doubt he can be charged with it again.

    As far as the violation goes, it's good that you have a lawyer.

    excon
  • Jul 16, 2007, 02:44 PM
    s_cianci
    Unfortunately, the system "has your son by the short hairs", so to speak. His wife may have admitted to "exaggerating" what happened but the state can make his life difficult if they want to. Of course, I would think that any attorney worth his salt would have more to say than "well, we'll just wait and see." You might want to consider getting a new attorney. It shouldn't be impossible for a good attorney to get your son ROR, just like his wife, even though he's on probation. With all the talk you hear about jail overcrowding as it is and your son's "offense" being highly questionable as it is, backed up by his wife's admission, I can't see why he'd have to sit in jail for over a month while awaiting a bond hearing. If his leaving with the children on the night in question wasn't a violation of his probation, then he's really done nothing wrong and a good lawyer ought to be able to help you navigate through that.

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