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    janegb88's Avatar
    janegb88 Posts: 2, Reputation: 1
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    #1

    Feb 27, 2009, 09:40 PM
    Interstate compact and probation violation
    My son was on an interstate compact and on probation in NM from VT. His PO put him in jail the first time for a dirty apt. The second time he misread his ankle bracelet and while he was in jail they searched his car and my house because he was living with me.Was that legal?
    He sat in jail in Santa Fe for 7 months not knowing what was going to happen-VT has now come to pick him up. This is on a misdemeanor. No new charges yet. He has 10 more months on probation-what do you think VT will do with him?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 27, 2009, 09:51 PM

    Yes, since he is on probation, they may search where he lives anytime they want, that is the persmission he gave to be on probation.

    Most likely one of two things, back on probation for the 10 months or stay in jail for the 10 months, it is just up to the judge

    Now his issue was not getting an attorney and getting a hearing before the 7 months ( unless he had a hearing there
    janegb88's Avatar
    janegb88 Posts: 2, Reputation: 1
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    #3

    Feb 27, 2009, 11:14 PM
    Quote Originally Posted by Fr_Chuck View Post
    Yes, since he is on probation, they may search where he lives anytime they want, that is the persmission he gave to be on probation.

    Most likely one of two things, back on probation for the 10 months or stay in jail for the 10 months, it is just up to the judge

    Now his issue was not getting an attorney and getting a hearing before the 7 months ( unless he had a hearing there
    Chuck, He did not get an attorney here in NM well actually he did but it was a Public Defender but he said he reallly couldn't help much unless my son got new charges in NM. My son signed something that waived his rights to a hearing here. I did noit think they could search if the person was already in jail.
    I used toi live in Atlanta
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 27, 2009, 11:19 PM

    He is still under the control of the probation / parole department and he did not have his probation overturned by a judge yet,
    But an attorney where the probation was at, should have gottten him taken back in about 1 month.

    So my guess is they were doing this just to teach him a lesson and when he gets back, they will put him back on probation, but that is my guess

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