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-   -   Violation of a probation (https://www.askmehelpdesk.com/showthread.php?t=205322)

  • Apr 13, 2008, 09:41 AM
    lalemiller
    violation of a probation
    Hi, my husband has been arrested two days ago in a different county where the charges came from, he was assigned to pay a bond but then it was cancelled because the judge from the county where the charges belong "wanted to see him", so he's been transferred to the jail already, is going to be 4 days and no body tell my husband how he violated his probation, the only thing we know by now is that he had a court for show cause revocation and he didn't show up because he never received the notice, he moved and he didn't change his current address, that could be a violation of a probation?he doesn't owe any money either, so are these causes of violation? Will my husband be sentenced to jail for these? Please advise
  • Apr 13, 2008, 10:20 AM
    N0help4u
    Yes moving without telling your PO is a violation of probation.
    Once he sees the Judge the Judge very likely could tell him jail time served and
    I guess keep him on his probation and possibly add to his probation but it is all in the Judges hands.
  • Apr 13, 2008, 10:27 AM
    twinkiedooter
    First - his getting arrested immediately violated his probation. Second - moving and not notifying the PO office of his new address is another violation. Yes, he will be doing time but this will be up to the first judge to decide. Then he'll have another judge to contend with.
  • Apr 13, 2008, 10:32 AM
    N0help4u
    I figured he got arrested FOR violating the probation by moving without notification.
  • Apr 13, 2008, 11:04 AM
    JudyKayTee
    Quote:

    Originally Posted by lalemiller
    hi, my husband has been arrested two days ago in a different county where the charges came from, he was assigned to pay a bond but then it was cancelled because the judge from the county where the charges belong "wanted to see him", so he's been transferred to the jail already, is going to be 4 days and no body tell my husband how he violated his probation, the only thing we know by now is that he had a court for show cause revocation and he didnt show up because he never received the notice, he moved and he didnt change his current address, that could be a violation of a probation?he doesn't owe any money either, so are these causes of violation? will my husband be sentenced to jail for these? please advise


    Read the conditions of his probation - the PO doesn't have to go looking for him if he/she wants to see him.

    The fact that he didn't receive the notification is his fault for not reporting his change of address which is, without a doubt, a requirement of his probation. He knew an action was pending and moved without notifying the Court and so the Court issued a warrant for him and picked him up.

    I would expect he will be in jail for this violation.
  • Apr 13, 2008, 04:05 PM
    Fr_Chuck
    At this time, if he was just arrested for probatoin violation then yes there was a reason he was to appear, and moving without notifing them is serioius, and not showing up in court if ordered is very serious to the judge. So most likely he will want them to stay in jail for a bit, just to prove who the boss is and that not taking his court orders serious will end them up in trouble

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