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    kld5505's Avatar
    kld5505 Posts: 2, Reputation: 1
    New Member
     
    #1

    Mar 5, 2012, 09:53 PM
    Arrested while on probation for assault and battery with a weapon
    My boyfriend was arrested 2 1/2 years ago for assault and batter with a weapon in Florida and was given 3 years probation. A year ago he was arrested for public lewdness in Alabama which is where we live (for peeing in a parking lot by his truck) he was given 32 hours of community service for this his original probation officer is in fl, he is supervised here is Alabama. Now 3 weeks ago we were out with friends called a cab and were standing in a parking lot waiting and a fight broke out. He and I were not any part of it and some guy came up to me and shoved me backwards. My boyfriend literally just pushed him away from me and a cop ran up and grabbed him and he laid directly on the ground. He was arrested for disorderly conduct and resisting arrest. The guy who pushed me got absolutely nothing. Now I am afraid this will violate his probation. Although he truly didn't do anything to be arrested for. Could hiring a lawyer help prove him not guilty and get these charges dropped? If they are dropped could he still serve original sentence?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Mar 6, 2012, 04:25 AM
    Hiring a lawyer is a very good idea. If the facts are as you relate and they can be proven, then the charges should be dismissed.

    What I'm wondering is why, when you saw the fight start, that you did not get out of there immediately.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Mar 6, 2012, 06:24 AM
    Quote Originally Posted by kld5505 View Post
    Could hiring a lawyer help prove him not guilty and get these charges dropped? If they are dropped could he still serve original sentence?
    Hello k:

    They SHOULD leave him alone IF the charges are dropped, but they may LOOK for technical violations.. For example, he's required to report ALL police contact. If he DIDN'T call his PO within 5 minutes of being released from jail, they could violate him...

    MOST lawyers know about how the court works. They know NOTHING about how probation officers work... Clue him in, on what I said.

    excon
    kld5505's Avatar
    kld5505 Posts: 2, Reputation: 1
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    #4

    Mar 6, 2012, 07:13 AM
    It happened so fast we had no idea what was even going on. We've been told the place that it happened has security cameras. Any suggestions on how we could get those. Also he went to see his po 3 times after it happened. Called and left numerous voicemails and she was never in her office and wouldn't return the calls. When she finally did call back she asked him to wait until he had to report again in March to come back. Not really sure what that could mean.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Mar 6, 2012, 07:19 AM
    Quote Originally Posted by kld5505 View Post
    Any suggestions on how we could get those.
    Hello again, k:

    Yes. HIRE a lawyer, and let him DO his job. Your job is supporting your man.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Mar 6, 2012, 09:00 AM
    And I hope you know the names of the person who shoved you to call and get them to testify.
    If the police officer did not see that, and only say your boyfriend push the other guy.
    Also how long after he shoved you, did boyfriend act, was there any more aggression toward you ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Mar 6, 2012, 09:38 AM
    Your lawyer can subpoena the tapes, assuming they keep them. Some places don't keep the tapes for more than a day.

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