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

    Jul 6, 2012, 12:29 PM
    What could happen if you violate probation for the 1st time
    My fiancé was put on probation in 2009 he has 18 months left, he has violated it with a ovi ticket witch his serving 90 days in a inpatent treatment . Will be finished with the program July 18th 2012, he was put on po for theift. We have been to court for sentencing po violation onced while he was in this program April 26th she didn't sentence him than and his po officer recommended no sentencing but she said she has to do something. And than said well see how you do with this program so he about to finish this program and will be held a week till his court . Do you think she will sentence him if so what is the likey chances of him getting house arrest I am due a week after court . And I need him home :(
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 6, 2012, 12:37 PM
    If you "need" him home he's the only one who can make that happen - he violated, right?

    No way to know what the JUDGE will do - the PO recommends and the Judge either follows her recommendation or doesn't.

    His probation could be extended or he could be jailed.

    No one knows.
    pheephee's Avatar
    pheephee Posts: 2, Reputation: 1
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    #3

    Jul 6, 2012, 12:45 PM
    Quote Originally Posted by JudyKayTee View Post
    If you "need" him home he's the only one who can make that happen - he violated, right?

    No way to know what the JUDGE will do - the PO recommends and the Judge either follows her recommendation or doesn't.

    His probation could be extended or he could be jailed.

    No one knows.


    He has already served 90 days for one ovi , he has never caused any problems and has always done what his po officer asked , he is a hard working man and a father of three everyone does something stupid in life but think he has served his time . He has giving up 8 years to serve this country and 90 days to a treatment facility he didn't need he not a drug addict he isn't a drunk . He was out on the wrong time of the day after having one glass of wine. . I need him yes I do and he needs us . Jail doesn't help he isn't a killer my children and myself depend on him as much as he depends on us . I am asking because I know somewhere out there someone with the same story will have a clue what I should expect to happen . I don't want to get my hopes up . Thank you
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 6, 2012, 01:33 PM
    Quote Originally Posted by pheephee View Post
    He has already served 90 days for one ovi , he has never caused any problems and has always done what his po officer asked , he is a hard working man and a father of three everyone does something stupid in life but think he has served his time . he has giving up 8 years to serve this country and 90 days to a treatment facility he didnt need he not a drug addict he isnt a drunk . he was out on the wrong time of the day after having one glass of wine. . i need him yes i do and he needs us . jail doesnt help he isnt a killer my children and myself depend on him as much as he depends on us . i am asking because i know somewhere out there someone with the same story will have a clue what i should expect to happen . i dont want to get my hopes up . thank you
    I realize you are emotional about this but this is not the emotional support board. It's the legal board.

    Good that he's done EVERYTHING he was required to do, is a hard-working man, thank him for serving our Country for 8 years. I don't know why he was in a treatment facility if he doesn't have a drinking or a drug problem. Maybe his Attorney gave him bad advice. What caused him to be admitted to the facility?

    All of the people in jail didn't kill children - some of them violate probation for other crimes.

    I don't understand how he violated - he had one glass of wine at the wrong time of day? If he was drinking abstaining is not part of his probation?

    The Court is going to see that he's NOT in jail because he PROMISED to abide by the terms of probation - did he?

    My feeling is that he will get a lecture and a second chance BUT if the system is being unfair, sentenced him to rehab for no reason, didn't tell him not to drink and then arrested him when he did, he was sober (one glass of wine) I'd get a very good criminal Attorney.

    I don't know that everyone does something in life stupid enough to get them incarcerated... but I get your point.

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