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    kc24932012's Avatar
    kc24932012 Posts: 2, Reputation: 1
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    #1

    Jun 24, 2012, 12:58 AM
    violation felony probation with bogus charges
    What if your sent to 10 years felony probation and they come in your home and find someone else with drugs and charge you to with possesiion,get locked up and then get out on bond call your probation officer and tell them what happened and they put a warrant out for your arrest and then a week later get put in jail for violation of probation 1st offense but the charge was bogus what are his options?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jun 24, 2012, 08:33 AM
    Hello kc:

    I'd LOVE to tell you they're bogus. I'd LOVE to tell you how to kick his PO's a$$... But, I can't.. The charges AREN'T bogus. The PO is allowed to search the house and if drugs are found, the PO can violate your friend EVEN if the DA doesn't charge anybody with a crime.

    His options are to hire a good lawyer familiar with probation rules.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 24, 2012, 08:47 AM
    The PO may at any time enter your home without a warrant and search, he may also authorise the police to do the search.

    If there is someone in your home and they have drugs on them, you can be charged and the charges will stick, In some states ( like GA) if you are in a city park and a group of you are together, and they search everyone, if one person has drugs they can charge everyone.

    Next the DA does not even have to charge the person who had the drugs on them, just the drugs being in your home is all it takes.

    This is not bogus, far from it, it is how many probation violations happen

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