Ask Me Help Desk - Probation and Revocation Hearing

I am looking for some advice on probation and revocation hearings from all you experts out there. A friend of mine was placed on probation during the summer of 2008. In mid-December, 2008, he was placed on the electronic monitoring bracelet and did not violate the rules of his probation. On December 20, 2008, the police arrived at his door and took him to jail for probation violation. He was in jail from December 20th through January 6th for PO hold and was released. On January 8th, the police arrived and took him to jail where he has been ever since awaiting a revocation hearing. He was told his probation violations included alcohol consumption during probation, which very well may have happened prior to the electronic monitoring bracelet and I understand that fully. The other violation was a charge by a neighbor across the street. This neighbor is the very recent bitter ex-girlfriend of his roommate. Shortly after the break-up in late Nov/early Dec, this neighbor called him and asked him to come over. He stopped over, they chatted briefly and he left after declining her request to run out and buy weed for her. A little background on him: he holds a FT job, supports his children from a previous marriage, is not violent, not a drug user whatsoever, he previously did drink alcohol, but that stopped immediately once he went on the bracelet. A little background on her: she does not work, is supported entirely by her parents, she is a habitual drug user, does drink alcohol, basically unstable and hanging by a thread. Bitter over the breakup, this was her best way to get back at her ex-boyfriend because he won't get rent from him if he's in jail and will struggle financially with his mortgage payment. A week after their conversation is when the police arrived at his house. I believe she either made contact with the police or his probation officer and filed a complaint. Once he was released in January, she filed another complaint based on the same incident, this time saying he pushed her against a closet door and touched her breast. I believe the charge is 4th degree sexual harassment or 4th degree sexual assault, but is a misdeameanor charge. There is a court hearing for this charge and another for a revocation hearing. He cannot afford a private lawyer and has made numerous unanswered requests for a public defender. His probation officer will not return any phone calls or written requests and hasn't sent anything or anyone to him to investigate. Does anyone have any advice on where to go from here and what can be done to at least get work release privileges? Thank you.

Quote:

Originally Posted by Midwestgal

I am looking for some advice on probation and revocation hearings from all you experts out there. A friend of mine was placed on probation during the summer of 2008. In mid-December, 2008, he was placed on the electronic monitoring bracelet and did not violate the rules of his probation. On December 20, 2008, the police arrived at his door and took him to jail for probation violation. He was in jail from December 20th through January 6th for PO hold and was released. On January 8th, the police arrived and took him to jail where he has been ever since awaiting a revocation hearing. He was told his probation violations included alcohol consumption during probation, which very well may have happened prior to the electronic monitoring bracelet and I understand that fully. The other violation was a charge by a neighbor across the street. This neighbor is the very recent bitter ex-girlfriend of his roomate. Shortly after the break-up in late Nov/early Dec, this neighbor called him and asked him to come over. He stopped over, they chatted briefly and he left after declining her request to run out and buy weed for her. A little background on him: he holds a FT job, supports his children from a previous marriage, is not violent, not a drug user whatsoever, he previously did drink alcohol, but that stopped immediately once he went on the bracelet. A little background on her: she does not work, is supported entirely by her parents, she is a habitual drug user, does drink alcohol, basically unstable and hanging by a thread. Bitter over the breakup, this was her best way to get back at her ex-boyfriend because he won't get rent from him if he's in jail and will struggle financially with his mortgage payment. A week after their conversation is when the police arrived at his house. I believe she either made contact with the police or his probation officer and filed a complaint. Once he was released in January, she filed another complaint based on the same incident, this time saying he pushed her against a closet door and touched her breast. I believe the charge is 4th degree sexual harassment or 4th degree sexual assault, but is a misdeameanor charge. There is a court hearing for this charge and another for a revocation hearing. He cannot afford a private lawyer and has made numerous unanswered requests for a public defender. His probation officer will not return any phone calls or written requests and hasn't sent anything or anyone to him to investigate. Does anyone have any advice on where to go from here and what can be done to at least get work release priviledges? Thank you.

He needs an Attorney. At his next hearing he has to ask for one. I don't know the process in your State.

In retrospect I'm sure he realizes that while on probation he's not supposed to drink or hang around with what is referred to as "bad company." Sounds like he should have stayed away from her.

The getting even with the boyfriend by getting this guy arrested is a little convoluted but maybe that's how she thinks. Basically - if and when this is over, he's got to keep better company. In the meantime, next time he's in Court he has to again request an Attorney. Hopefully he is within the income range for assigned counsel.

It is my undestanding of house arrest that you don't just "go across the street" and visit anyone. When you come home from work you stay in your home until you leave for work the next day. Right there he violated big time.

You said: He was told his probation violations included alcohol consumption during probation, which very well may have happened prior to the electronic monitoring bracelet and I understand that fully.

There is only one problem with this. He should not have had ANY alcohol whether on house arrest or not as he was on probation.

You never said what he's on probation for or how long the probation period is.

Thank you for your response, I appreciate all feedback. This incident happened one week prior to him being placed on the electronic monitoring bracelet, which was a delayed response by the PO and the system catching up on the backlog. He did nothing wrong, believe me, I am not one who takes b from anyone.