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    AssistBro's Avatar
    AssistBro Posts: 10, Reputation: 1
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    #1

    Dec 18, 2008, 07:50 AM
    Violation of DUI probation in pa
    My brother was arrested for violation of probation. He was drinking nor was he driving at the time of the arrest . He also owes fines, etc. What are different scenarios for a situation like this?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Dec 18, 2008, 08:08 AM

    You say that he "was drinking nor was he driving." Do you mean that a) he was drinking but not driving or b) he was not drinking or driving?

    What was he arrested for/how did he violate his probation? How long has he owed the fines for? Some courts allow people a grace period to pay their fines, so that may not even be an issue.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Dec 18, 2008, 08:12 AM
    Quote Originally Posted by AssistBro View Post
    My brother was arrested for violation of probation. He was drinking nor was he driving at the time of the arrest . He also owes fines, etc. What are different scenarios for a situation like this?


    I don't understand how he violated. Appears he was drinking but not driving so he must have been ordered not to drink?

    Anyway, if he violated the original sentence can be imposed. Whatever he would have served instead of going on probation could be given to him. It's at the discretion of the Court.

    Was he picked up on a warrant or did the Police just stumble across him?
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    #4

    Dec 18, 2008, 08:25 AM
    He was not driving and he was not drinking at the time. They were pulled over by the police and the officer asked to see everyone's ID. He was arrested for having a bench warrant. He violated his probation for his failor to appear at one of his meetings with his probation officer.
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    #5

    Dec 18, 2008, 08:28 AM

    And why, might I ask, did he miss the meeting? You probably already know this, but he's just made things worse for himself.
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    #6

    Dec 18, 2008, 08:31 AM

    I am not sure why he missed the meeting. Yes I do know he really screwed up. I am just trying to figure out what he iis up against.
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    #7

    Dec 18, 2008, 08:35 AM

    It all depends. Has he done this sort of thing before(habitually missed meetings with his PO)? I know someone who violated his probation; he only spent a night or two in jail. But then again, they didn't issue a bench warrant for him due to failure to appear.
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    #8

    Dec 18, 2008, 08:51 AM

    He had only missed one meeting with his PO. I called this morning and they told me that he has to wait to see the judge and it normally takes 4 to 8 weeks. Perhaps I did not ask the right questions when I called. Could it be that he let the issue go to far for too long?
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    #9

    Dec 18, 2008, 08:56 AM

    Could be. How long ago was the meeting that he missed? If they issued a bench warrant, they obviously don't want him running around.
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    #10

    Dec 18, 2008, 09:01 AM
    Quote Originally Posted by this8384 View Post
    Could be. How long ago was the meeting that he missed? If they issued a bench warrant, they obviously don't want him running around.

    Right, bench warrant, keeping questionable company - I see jail time. Police/Courts are not going to be amused.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Dec 18, 2008, 10:46 AM

    Yes, probation officers and judges don't like people who just blow off their meetings, and then don't call or don't come right back in and explain.

    So they are going to be angry, he had better let them believe that his is very very sorry. If not and depending on what the original crime was, he could be looking at jail time
    AssistBro's Avatar
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    #12

    Dec 18, 2008, 12:24 PM
    Quote Originally Posted by this8384 View Post
    It all depends. Has he done this sort of thing before(habitually missed meetings with his PO)? I know someone who violated his probation; he only spent a night or two in jail. But then again, they didn't issue a bench warrant for him due to failure to appear.
    He only missed one meeting with his PO. When I called they told be that he would have to what 4 to 8 weeks to see the judge.
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    #13

    Dec 18, 2008, 12:25 PM

    He only missed one meeting with is PO. When I called they told me that he would have to wait 4 to 8 weeks to see the judge.
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    #14

    Dec 18, 2008, 12:46 PM
    Quote Originally Posted by this8384 View Post
    Could be. How long ago was the meeting that he missed? If they issued a bench warrant, they obviously don't want him running around.
    The meeting he mised was early spring I believe in March.
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    #15

    Dec 18, 2008, 01:03 PM
    Quote Originally Posted by AssistBro View Post
    He only missed one meeting with his PO. When I called they told be that he would have to what 4 to 8 weeks to see the judge.

    When it's probation the word "only" doesn't enter into the equation. You either violate or you don't.

    Unfortunately for him, he did.
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    #16

    Dec 18, 2008, 01:04 PM

    If he missed a meeting from 9 months ago and they only caught him now, they're not going to be pleased. Like Fr_Chuck & Judy pointed out, he's almost definitely going to get some type of jail time.
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    #17

    Dec 18, 2008, 01:20 PM

    How much jail time do you think he will get?
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    #18

    Dec 18, 2008, 01:32 PM
    Quote Originally Posted by AssistBro View Post
    How much jail time do you think he will get?


    It's a guess - I'll say his original sentence (or what his original sentence would have been).

    This is like asking me what's in your refrigerator - I can only guess.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #19

    Dec 18, 2008, 01:33 PM

    So after he missed the one, he went back to his other meetings, or has he missed all of his meetings since then?
    AssistBro's Avatar
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    #20

    Dec 18, 2008, 01:37 PM
    Quote Originally Posted by JudyKayTee View Post
    It's a guess - I'll say his original sentence (or what his original sentence would have been).

    This is like asking me what's in your refrigerator - I can only guess.
    Understood. Thank you.
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