Check out some similar questions!

SilasCarter · Feb 7, 2011, 01:26 PM

In 2008 my boyfriend was charged with forced residential entry or something . He knew the people who lived in the home and they did not want to press charges but the state picked it up and gave him a felony charge. He did 6 months in jail and was put on 2 yrs probation. He was like 4 months from getting off but was picked up for shoplifting at a retail store. However je was wrongfully charged so we were taking it to trial with me as a witness. Well probation just found out he was picked up for this so they're violating his probation and putting a warrant out for his arrest. As soon as the warrant is out he is turning himself in. He has 9 months remaining on his sentence. Do u think they'll make him serve the whole nine months or is there ne chance for house arrest? *** no rude comments about the character of my Bf. All of this is really just a big misunderstanding.

smoothy · Feb 7, 2011, 01:43 PM

Just an FYI.. its a public site.. so like it or not you can't dictate what others can say or not in their answer, or who can answer.

They can very well make him serve the remaining 9 months. THey might also tack on extra time for the shoplifting, if they are charging.. they have evidence. There is no guarantee he will win.

But besides the obvious. If you are on probation... you have to make EXTRA sure you don't do ANYTHING wrong. I've managed to not get accused of shoplifting for 49 years so far. And I haven't even really been trying.

You'd have to make a compelling argument for house arrest... and with that charge looming... its going to be hard to do.

excon · Feb 7, 2011, 07:47 PM

Originally Posted by SilasCarter

He has 9 months remaining on his sentence. Do u think they'll make him serve the whole nine months or is there ne chance for house arrest?

Hello S:

Probation is awarded in lieu of a suspended prison sentence. Whatever that prison sentence was is the amount they can make him do. So, don't be mislead into thinking the max he can get is 9 months.

Having said that, I don't think they'll make him do that much, but whatever sentence they give him, won't be at home. You can COUNT on that.

excon

Fr_Chuck · Feb 7, 2011, 09:11 PM

I think everyone is missing the "probation" it does not work like parole, they can make him serve up to the entire two years in jail, not just the remaining months.

Now most likely they will not, but when they violate for probation, they can go back to the entire probation amount, not just the remainder.

Next.
Sorry real holes in the story, if the owner of the property did not press charges, or testified in his defense, he could not be convicted of "whatever" So that story does not hold water.

Next he can be violated for his probation, merely for not telling the PO and the PO having to "find out about it" Since he has a requirement to inform them ASAP after any arrest.
Not reporting the arrest is a more serous violation than the shoplifting.

Next sorry but if he did not shop lift what happened, did something that was in the store come out without being paid

SilasCarter · Feb 7, 2011, 11:33 PM

Yes the people who owned the house testified in his defense and yes the state still picked up the charge. I was there, think I know. And no nthing left the store unpaid for that's exactly y we were taking it to trial obviously. And just as an fyi, when he called his probation officer to report police contact it came up soon as she typed his name into the system. That's how she found out.