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    trutherford's Avatar
    trutherford Posts: 1, Reputation: 1
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    #1

    Sep 21, 2011, 03:32 AM
    What can I do about this vop
    A friend got in a bar fight a got 2yrs prison & 3yrs proba.this was his first charge ever.. he did his time and only had 3mths to go on prob but got arrested with a friend.all charges were dropped so he only had a tec.vop but the judge still give him 5 yrs... what can be done? I need some help... thanks
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Sep 21, 2011, 04:47 AM
    Quote Originally Posted by trutherford View Post
    what can be done? I need some help
    Hello t:

    Yeah, it doesn't seem right that they can sentence a fellow to 5 years on a technical violation when he only had 3 years of probation... Your friend needs a good lawyer.

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

    Sep 21, 2011, 06:44 AM
    Yes, since he served the two years, he would or should only have a max of 3 years. Unless it was 5 years and then apply the time served.

    But to be honest, if the charges were dropped something does not sound right, You don't have to answer but did the police really want him for other things they just could not catch him or prove ?

    I have a friend, who they police tried to get for 4 years. They finally got him on something that would be minor, but he got the max because they could not get him on other things
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Sep 21, 2011, 06:50 AM
    Hello again, t:

    There IS some denial going on over there, and we can't really help you unless we have ALL the facts...

    First off, nobody goes to prison for having a bar fight... They go to prison for REALLY HURTING SOMEBODY in a bar fight, maybe with a WEAPON of some sort... Secondly, nobody gets 5 years on a TECHNICAL violation...

    So, if you want help, speak some truth to us. I'm not saying YOU'RE holding back, but your FRIEND is.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Sep 21, 2011, 08:43 AM
    Quote Originally Posted by trutherford View Post
    A friend got in a bar fight a got 2yrs prison & 3yrs proba.this was his first charge ever..he did his time and only had 3mths to go on prob but got arrested with a friend.all charges were dropped so he only had a tec.vop but the judge still give him 5 yrs...what can be done? I need some help....thanks
    Your answer would be in the friend's original final sentencing paperwork. The judge may have originally given him the 5 years and then decided to just give him 2 years in prison and then the 3 years probation. Can't speculate why the judge gave him 5 years as we don't have all the pertinent facts here but he did violate his probation.
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