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lilmissjd · Aug 12, 2013, 05:40 PM

My boyfriend has been in jail since may for assault. Judge gave 12 months basically due to his criminal record. Its not good. Now he has his probation violation hearing next week. His violation was failed drug test then got the charge he's in for now and with being in jail, failure to go see his PO. Any idea what he could be looking at? Hes saying 3 to 6 months with the assurance of receiving the full 6. Im afraid with his past record, he's going to get more than that. Any help would be greatly appreciated!

smoothy · Aug 12, 2013, 06:19 PM

He can go back in and serve every minute of the sentence he had remaining on the day he first got probation, (meaning if he had six months remaining when he got probation.. and he was 5 months and three weeks into it when he violated.. the clock is reset back to sex months and he does it in jail)... PLUS any new time for any new charges.

He's going to probably get the book thrown at him BECAUSE of his past record. Because he knew what would happen and yet he continued to do it... They might go easy on the first one for a first offender... but repeat offenders get no such courtesy.

lilmissjd · Aug 12, 2013, 07:04 PM

Yea the judge said 12 for his assault after reading his record. With that beinga misdemeanor got knocked down to 6. But with this probation violation I really don't know what to expect. Especially when his PO told him he's a "menance to society" I'm hoping with this being his first probation violation they will take it easy on him but I'm dreading next week when I find out!

smoothy · Aug 12, 2013, 07:46 PM

Does he have his own lawyer?

lilmissjd · Aug 12, 2013, 09:07 PM

Yes. Im suppose to call him tomorrow to let him know my boyfriend wants to come up with some kind of plea. Said he would take any kind of classes he could get. Cause honestly his lawyer hasn't talked to or gone to see him since he got locked up in may. So maybe he can give me so answers. I just hate how everything is based on his past record. They should concentrate on the "now" :/ I don't think it would be fair if they could be easy on him if its his first probation violation yet give him a longer sentence cause of his past. Thank you for your help!

Fr_Chuck · Aug 12, 2013, 10:05 PM

Most likely , what ever the probation sentence was? Was it 12 month or 6 month?

But he will most likely get the max time because of record and not reporting

lilmissjd · Aug 12, 2013, 10:22 PM

That's just it. Don't find out until next week. Hes going to try to do a plea bargin. And what about time served? Could his lawyer use that approach? I mean honestly how can he report to his PO when he's in jail? Is there a set sentence time for a first time probation violation?

J_9 · Aug 12, 2013, 11:11 PM

No, there is no "set sentence time for a first time probation violation" and to think so is showing your lack of knowledge of the legal system. I mean that in no disrespect.

Sentencing depends on the crime, past legal history, as well as length and terms of probation, just to name a few. Also, location is important. This is a global website so what may be sentenced in the US, may be different from that in Somalia, for example.

Your boyfriend has already shown a blatant disregard for the law and his probation. Now he has to serve the time required. Most likely he will get the maximum sentence that his probation will allow.