[JayJay350]

Ok so about a year ago my son was charged with theft in Ohio and went to juvenile court (he was 17 and hanging out with a bad crowd in high school). Since it was only his first offense he was only sentenced to some community service and a drug test, after that he would have been released from probation. Well over a year has passed and I've come to find out he didn't do any of those. Why? I don't know, because he's an idiot. Now I believe he has a warrant out and I plan on going with him to turn himself in.

He's been in Pennsylvania with me for his summer break from college. We just found out about all this a few days ago. Now he hasn't gotten in any trouble since this entire fiasco and I know he can pass a drug test no problem, he's an athlete so he absolutely hates drugs. He's doing well in school and plans on switching majors to pre-med this semester. Anyway, that's most of the info about him. Now for my questions, should I get a lawyer? In your opinions, will he be seeing any time behind bars for this? Even if I do get an attorney?

[excon]

Hello JayJay:

They may keep him in jail till the hearing. Then they'll ask him to DO his community service and report. If he refuses again, they'll throw him away. If they seem bent on doing anything more than that, then I'd get an attorney.

Of course, there are lots of variables here. I don't know most of 'em.

excon

[JayJay350]

Thanks for the input excon. Now when you say he'll be placed in jail until the hearing, does that mean that they won't allow me to post bail for him? I'll most likely get an attorney anyway, just to be on the safe side, the last thing I want to see is my son in jail. I'm not exactly sure when this warrant was issued but he's been with me for the past 2 months so I hope they don't think that he was trying to run away or anything like that, but I suppose I could explain that to the judge. I guess I'll just have to hire an attorney and see how things go. If anyone else has any advice I'd greatly appreciate it, thanks again.

[excon]

Hello again, Jay:

If they bust him on a probation violation, there isn't any bail for that. Bail is reserved for the PRE convicted. Your son is in a POST conviction phase. Bail isn't usually considered..

However, if you have a good attorney, one who knows about POST conviction law, then he might be able to arrange bail. Beyond the bail issue, however, a lawyer who knows his way around THIS particular speciality of the law, is going to be invaluable.

I'm sure you hope they'll think of your son just the way you do... But, that's wishful thinking... These aren't wonderful people. You didn't say he never reported in addition to not following his other orders, but I suspect he ignored his probation officer too. Otherwise, I'm sure his community service and other sanctions WOULD have been completed.

Soooo, if he absconded from probation, why would you think they wouldn't think he was trying to hide from them?? Nope, they're not going to think very highly of your son. And, they're not going to believe much of what YOU have to say either. That's why having a lawyer do your talking is a much better option.

excon

[Fr_Chuck]

Normally if you are being held on a probatoin violation, you are not allowed bail. They will be held till a court hearing. The judge does not like being ignored. So the judge may just send him to jail instead of being on probation. If he does give him another chance, there will not be another.

The only good thing is this was Juv court, so normally the punishments is not as bad.

*** the other thing is of course since he was in Juv Court, the warrant may be from them, if this is so, actually once taken into custody, they may actually turn him over to your custody and responsilbity, Juv court has different rules than adult courts

[JayJay350]

Normally if you are being held on a probatoin violation, you are not allowed bail. they will be held till a court hearing. The judge does not like being ignored. So the judge may just send him to jail instead of being on probation. If he does give him another chance, there will not be another.

the only good thing is this was Juv court, so normally the punishments is not as bad.

*** the other thing is of course since he was in Juv Court, the warrant may be from them, if this is so, actually once taken into custody, they may actually turn him over to your custody and responsilbity, Juv court has different rules than adult courts

Thanks for that input. Now is this the case even if he's an adult now? He was 17 during the time of the crime and hearing but now he's 18.

[zawatska]

I was 16 when I was arrested, and when I went to court to get sentenced, I had already turned 18. But they didn't treat me as an adult because of course I was only 16 when I committed the crime. Its not his fault that he has had a birthday and that court dates take so long. Wish you well. And I also live in NYS

[Fr_Chuck]

I can't speak for every state and area, but in the areas where I was working, if you were sentenced in Juv court, and violated probation, you went back before that court.

[JayJay350]

I've got an update on my sons case, but first I'd like to thank everyone for their advice, so thanks. Anyway he called his po today and found out he hasn't actually "violated" his probation yet, although he does have a warrant out for his arrest. He asked if we needed to get an attorney and his po said no because he wasn't actually charged with a crime yet.

I forgot to mention before that he also had to pay restitution, so we'll have most of that ready to pay off when we go see him in a few days. His po said he just wanted my son to take responsibility for his actions and just get everything finished and that they didn't want to put him in jail. So I don't think I have anything to worry about, although I've always been the type to "hope for the best, but expect the worst" so I'll still sleep better at night after this is over.

[excon]

Hello again, Jay:

Good to hear.

excon