Ask Me Help Desk - Probation violation, Jail time possible?

:confused: Hi, my husband was charged with dui, and served 90 days in jail last year, was released on Sept. 18, 2007, and has been on probation since then, which was supposed to end on June 21, 2008. He had his license suspended, which in turn, cost him to lose his job, because as an auto technician, you need a valid license to work on vehicles. He had a very difficult time finding another job, it took 8 months before he was hired. About 1 month before his probation was to end, his probation officer showed up at our house, and said he owed a lot of money, and wanted to speak with him. I gave him directions to his work, and he went and talked to him there. From what my husband tells me, the P.O. told him he would probably have to go to court for a probation violation hearing, but that he didn't have anything to worry about, because they are aware that he wasn't working, and now know that he just recently started a job. His hearing is tomorrow, June 27, 2008, and I also just sent 4 payments to try to get his fines caught up, I think he was 8 payments behind. My question is, will he be sentenced to more jail time, or will they extend his probation, and give him the chance to now keep making the payments since he is working. We haven't heard anything as far as whether his probation is over or not yet, but we are curious because the P.O. told him he had nothing to worry about. (His sentence on June 21, 2007 was 90 days to 1 year, he was released on parole at 90 days, so since it has been one year from the sentence, they can't make him serve any more of that sentence, can they?) This is very confusing to me, sorry if I am repeating myself. I just don't want to see him back in jail, he made a stupid mistake, and he has learned from it, he doesn't drink anymore at all, much less drink and drive. The time he spent in jail sucked, especially for our children, but it was definitely worth it, as he has changed for the better. Thank you for any information anyone can give me about this.

Quote:

Originally Posted by MMM9867

:confused: Hi, my husband was charged with dui, and served 90 days in jail last year, was released on Sept. 18, 2007, and has been on probation since then, which was supposed to end on June 21, 2008. He had his license suspended, which in turn, cost him to lose his job, because as an auto technician, you need a valid license to work on vehicles. He had a very difficult time finding another job, it took 8 months before he was hired. About 1 month before his probation was to end, his probation officer showed up at our house, and said he owed alot of money, and wanted to speak with him. I gave him directions to his work, and he went and talked to him there. From what my husband tells me, the P.O. told him he would probably have to go to court for a probation violation hearing, but that he didn't have anything to worry about, because they are aware that he wasn't working, and now know that he just recently started a job. His hearing is tomorrow, June 27, 2008, and I also just sent 4 payments to try to get his fines caught up, I think he was 8 payments behind. My question is, will he be sentenced to more jail time, or will they extend his probation, and give him the chance to now keep making the payments since he is working. We haven't heard anything as far as whether his probation is over or not yet, but we are curious because the P.O. told him he had nothing to worry about. (His sentence on June 21, 2007 was 90 days to 1 year, he was released on parole at 90 days, so since it has been one year from the sentence, they can't make him serve any more of that sentence, can they?) This is very confusing to me, sorry if I am repeating myself. I just don't want to see him back in jail, he made a stupid mistake, and he has learned from it, he doesn't drink anymore at all, much less drink and drive. The time he spent in jail sucked, especially for our children, but it was definitely worth it, as he has changed for the better. Thank you for any information anyone can give me about this.

I just remembered something else about all this, in addition to not having been able to pay his fines, he also had to go to counseling, and complete 12 aa meetings. He went to all the counseling sessions, and the first two aa meetings, but then missed some of them. The probation officer mentioned that to him, and he explained why he had missed them, had just started his job, and the counselor had told him that if he got a job and was unable to attend meetings because of work hours, to let her know, and she would reschedule the dates and times he had to attend the meetings. To my knowledge, they have not been rescheduled yet, but on the papers that came with the court date, the only probation violation listed is the fines that weren't paid. Does that mean the P.O. chose not to report the missed meetings as a violation. His P.O. was very nice, by the way. My husband has not failed any of the tests for alcohol. From what I have read here, it is up to the P.O. to suggest whether he feels my husband should get jail time, but the decision is up to the judge? Someone please respond, I just would like to set my mind at ease, I can not go with him to court tomorrow, and Just would like to know what any of you feel could happen. Sitting here worrying about what I will do if he doesn't come home tomorrow...

It is very likely the judge can send him back to jail at least for a few weeks or so to teach him a lessson about doing what the court ordered.

But that will be up to the judge, even may depend if the judge is having a good day, what sort of case he had before him, if someone cursed him out and he is in a bad mood, he can rule harder than on a good day,
So you just don't know what the judge can do, The judge can order him to jail for failure to do the meetings, for failure to pay.
He also can extend the probation to give him time to do meetings, but if he is not doing it, they are seroius about the meetings and the payments,

90 days in jail for a DUI sounds like it was not his first DUI. More than likely the judge will put him back in jail as he didn't make the payments or attend the meetings. If he was out of work he could have at least attended the meetings as they are free. I don't foresee him getting off probation (if the judge doesn't put him in jail) in the near future.