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    tweinbeck's Avatar
    tweinbeck Posts: 2, Reputation: 1
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    #1

    Feb 3, 2010, 01:58 AM
    Idaho probation violations, any reply appreciated
    Hello everyone,
    My fiancé was arrested last weak on a warrant for 3 probation violations which are absconding, failure to report, and failure to pay restitution. Here is some info on the whole thing and how he came to violate his probation. I am sorry that it is so long but I wanted to make sure all the information needed is given to help get the best answers possible. I will appreciate any reply I get so please just bare with me for a moment of your time.
    The original crime was in Idaho, plead guilty to burglary in 2001. The court withheld judgment and he was placed on 3 yrs probation. In 2002 he violated probation for the first time. The court revoked the withheld judgement and he was sentenced to the Idaho State Board of Correction for a unified sentence of 5 years, with 3 fixed and 2 indeterminate. The court suspended the execution of sentence and retained jurisdiction for 230 days, then he was released again for probation for 3 years supervised probation in 2004. His probation was tranfered to Portland Oregon so he could reside with his parents, then transferred to Bandon Oregon where his brother was currently residing in early 2005. When he was to meet his new PO so that residency could be confirmed the PO could not find his address. Now this is a really small town and there is only one actual apartment complex. He stood on the balcony waiting for the PO to come since he was having trouble finding it but the PO never showed up. He then tried calling the PO office and even left messages and he never received a call back. He eventually gave up, and I know he shouldn't have. He continued to reside at this same residence for over a year since this incident and even had the address registered with DMV, it was stated on his ID, and he even held down a job. I had known him for that time but we didn't actually hook up until 2006. I knew about the situation when I started dating him. Shortly after we started dating he wanted to move back up to Portland to be around is mom again so I moved with him. It is now 2010 and he has been a law abiding citizen since he was released on probation with absolutely no criminal activity. Now we are having a little baby girl and he has been arrested for the probation violation from 6 years ago but with no new charges. I found out after he got arrested that the PO didn't even request a violation of probation and a warrant put out for his arrest until 2007 only 5 months before his probation would have already been up. With everything that is going on I don't even know what to expect. This is such an old charge and he has rehabilitated himself. The only thing that hasn't been done is his fines paid to the court.
    If I paid his fines would it effect his sentence? How much time do you think he would be sentenced to? Will he be able to be placed back on probation since he now has a family at home, and statisticly he is less of a risk? Will the court consider the circumstances surrounding the incident?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 3, 2010, 05:48 AM

    The ability to pay the fines may help, but not reporting, he shouild have went into the PO office that day or the next.

    I would say they will send him back to prison personally, so money better spent perhaps on a good attorney

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