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    fivestarbox's Avatar
    fivestarbox Posts: 6, Reputation: 1
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    #1

    Aug 6, 2008, 07:08 PM
    Felony Probation Violation
    My friend was sentenced to a suspended sentence on a 10 yr. class c felony cocaine possession running consecutive with a 5 yr. d felony identity teft... My friend received two years probation. He helped authorities bring down a major drug dealer so that is why he received the probation only. He has gotten into trouble with probation violation for leaving the state 2 times to work. He has 5000 in fines and they will not transfer him until the fines are paid. My friend has a great attorney, perhaps the best in the state. When he worked each time he made a 1000 dollars a piece only being gone a few days and came home and paid over half the fines. What do you think will happen to him? Possibly jail time and a longer probation period? Thank you for your help!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 6, 2008, 07:11 PM
    Hello five:

    There are more factors than you've presented. He could get a LOT of jail time or none at all.

    excon
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    fivestarbox Posts: 6, Reputation: 1
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    #3

    Aug 6, 2008, 07:14 PM
    Quote Originally Posted by fivestarbox
    My friend was sentenced to a suspended sentence on a 10 yr. class c felony cocaine possesion running consecutive with a 5 yr. d felony identity teft... My friend received two years probation. He helped authorities bring down a major drug dealer so that is why he received the probation only. He has gotten into trouble with probation violation for leaving the state 2 times to work. He has 5000 in fines and they will not transfer him until the fines are paid. My friend has a great attorney, perhaps the best in the state. When he worked each time he made a 1000 dollars a piece only being gone a few days and came home and paid over half the fines. What do you think will happen to him? Possibly jail time and a longer probation period? Thank you for your help!
    What do you mean more factors? What would you think would happen?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Aug 6, 2008, 07:19 PM
    Hello again:

    More factors like his criminal record, his age, his color, his wealth, his standing in the community, who his probation officer is, how much he's pissed at your friend, whether the prosecutor is running for higher office, whether the judge is having a good day, how good his attorney is, his family connections...

    Stuff like that, and even more. If they're really pissed at him because this is his SECOND time, and/or they're really not happy with him, they can revoke his probation entirely, and make him do ALL his time...

    Or, they can give him another chance. I don't know. ANYTHING is liable to happen. When your future is in the hands of people like these, all you can do is hope for the best, but plan for the worst.

    excon
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    fivestarbox Posts: 6, Reputation: 1
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    #5

    Aug 6, 2008, 07:32 PM
    Quote Originally Posted by fivestarbox
    My friend was sentenced to a suspended sentence on a 10 yr. class c felony cocaine possesion running consecutive with a 5 yr. d felony identity teft... My friend received two years probation. He helped authorities bring down a major drug dealer so that is why he received the probation only. He has gotten into trouble with probation violation for leaving the state 2 times to work. He has 5000 in fines and they will not transfer him until the fines are paid. My friend has a great attorney, perhaps the best in the state. When he worked each time he made a 1000 dollars a piece only being gone a few days and came home and paid over half the fines. What do you think will happen to him? Possibly jail time and a longer probation period? Thank you for your help!
    Mid 20's... the other marijuana possession on his record was midemeanor tied into the same conspiracy... the person he helped them take down was a HUGE drug dealer... this is the first probation offense... prosecutor is not running for any office... he's white, in college... has gotten straight a's the past year... the attorney is as good as it gets...
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Aug 6, 2008, 07:34 PM
    Hello again,

    Of course, I STILL don't know, but IF I was the judge, I'd let him out again and let him transfer...

    But, I'M not the judge.

    excon
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    fivestarbox Posts: 6, Reputation: 1
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    #7

    Aug 6, 2008, 07:39 PM
    Thanks for your help... one more quesiton... if the probation was revoked, there is a mandatory minimum on the 10 year sentence of 1/3... so then could he be paroled?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Aug 6, 2008, 07:42 PM
    Hello again,

    Assuming your state still has parole. But the fact that he violated probation twice isn't going to help him make parole

    excon
    fivestarbox's Avatar
    fivestarbox Posts: 6, Reputation: 1
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    #9

    Aug 6, 2008, 07:54 PM
    Yes they have parole... he's never been up for probation violation before... you think he would have to serve the entire sentence?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Aug 6, 2008, 07:55 PM
    Hello again,

    I have no idea. You'll just have to wait and see...

    excon

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