My boyfriend was a pharmacist and convicted of consperecy to distupute oxy and was righting false prescriptions... He served 5 years in federal prison, then some time at a half way house and then was on house arrest as a condition of his probation... He has been on regular probation for 2 1/2 years. It's the probation where he goes once a month but the po can show up at any time. Anyway he had 6 months left on his probation but got a DUI 3 or so months ago... His po did not violate him and he hasn't missed any fines or violations for that charge. A month ago he got a second DUI and when he met with his po she said she was not going to violate him but increased the conditions of his parole with an alcohols monitoring device... Then 3 weeks later he was picked up at work by us marshals and they told him it was for probation violation and he would be going back to prison for 3-9 months... This was a week ago and since then we haven't been able to get ahold of his po and he had transfers county jail 3 times.. He said they are taking him to Jackson where he will have a public defender and meet with his po and a judge. He said he could possible get house arrest along with the alchole device but the most prison time will be 3-9 months... I am thinking he is going to get way more time and I want to prepare myself. Is there a possibility that it could really only be 3-9 months? His second DUI has not gone to court yet... And this is in Mississippi. I'm also curious as to why his po said she wouldn't violate him but then did anyway without warning...

I'm also curious as to why his po said she wouldn't violate him but then did anyway without warning...
They will do stuff like that so you are caught off guard, make you feel buddy buddy with them so you don't run

Or was it the PO? Maybe he couldn't keep his mouth shut and was bragging to the wrong person that his PO is so easy on him.

The PO may have in her report recommended not violating him, but a supervisor over ruled it. This appears to be Federal Probation, if the US Marshal came and got him, nor state probation.

Or perhaps after review the case more she changed her mind, and of course many will plan on revoking, but do not want to say so in office, in case of violence and will just revoke and let them be picked up latter. The PO is not his friend, and if he got feeling that way, he let his guard down.

He can get up to the entire 2 1/2 years, since this was probation, not parole, so the entire probation time is serviceable when violated.

The issue I see here, is that there is a obvious problem if he got two DUI that close together, it also means how many times was he driving under those conditions that he was not caught.

Also he has to look at new time for the new DUI charges, so those can be added either now, or after his probation time is served. That is something his attorney has to work out.

But yes maybe the 9 months but I do not see it being less than that.
On the positive side, Federal Prisons are crowded, and they may use intense probation with required counseling, restrict his driving, or even not allow him to drive or use a interlock device on car. So this is what his attorney is for

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Originally Posted by Fr_Chuck

The PO may have in her report recommended not violating him, but a supervisor over ruled it. This appears to be Federal Probation, if the US Marshal came and got him, nor state probation.

Or perhaps after review the case more she changed her mind, and of course many will plan on revoking, but do not want to say so in office, incase of violence and will just revoke and let them be picked up latter. The PO is not his friend, and if he got feeling that way, he let his guard down.

He can get up to the entire 2 1/2 years, since this was probation, not parole, so the entire probation time is serviceable when violated.

The issue i see here, is that there is a obvious problem if he got two DUI that close together, it also means how many times was he driving under those conditions that he was not caught.

Also he has to look at new time for the new DUI charges, so those can be added either now, or after his probation time is served. That is something his attorney has to work out.

But yes maybe the 9 months but I do not see it being less than that.
On the positive side, Federal Prisons are crowded, and they may use intense probation with required counseling, restrict his driving, or even not allow him to drive or use a interlock device on car. So this is what his attorney is for

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Yes, it is federal... He is just in county right now while the are moving him around to get to the federal courts in our state capital... (I believe) So if he was given 3 years probation (previously) and he served 2/12 already, he could possibly have to start completely over but instead of serving the probation he will go back to prison for this time? Im just trying to prepare myself for the possibilities... Also, we can't afford a lawyer so is he right about having access to a public defender... I'm pretty sure who will lose his drivers license for two years just for the DUI's but that's just what I I have read about DUI laws here in Mississippi. I would rather him have to strictest probation possible, even house arrest than have to go back to prison... Thanks for your help...

Hello R:

They can make his serve the ENTIRE 3 years. I'll bet they WILL. He was given a HUGE, HUMONGOUS break when she didn't violate him for the first DUI. But, he looked that gifthorse in the mouth.

excon

His PO just called his dad back... We have been tryied to call her a couple times.. . She said that she didn't even know he was in jail or where he was... He (his dad) said that she said it surprised her when he told her what happened. But that's really all she said... When the US Marshall's picked him up at work they did tell him it was for PO violation and they were telling him 3-9 months was what he was looking at... (This is what his boss told me and then he told me separately so I think this is what actually happened) She said that there would be a hearing since they picked him up but she didn't really know anything else... I don't really see her calling us back and saying she didn't know when she could have just not called back or told us anything... She said that she didn't know a hearing date yet but that where he was transferd last is usually the last place before people are transferred before being transferred the county the hearing will take place. Not sure what any of this means. Thanks everyone for your help.

I'm sorry, but a convicted felon on probation who is repeatedly caught DUI gets no sympathy from me. Chances are they will throw him back in the slammer to serve the rest of his sentence. That's exactly where he belongs.