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MCSC25 · Mar 30, 2009, 09:36 AM

My boyfriend has been on 5years probation and ordered to pay 15,000 in restitution to pay for victims hospital bills. He was also sentenced to 2yrs prison for the same crime(Assault w/intent to kill high aggravated nature). He served his time in prison and has paid 7,000 in restitution so far and this is his last year in on probation. He hasn't gotten to any trouble at all & PO never test him for drugs. Sometimes he doesn't even see his PO in Colleton County,SC. When he shows up they check him off at the window and then give him another date for the next month. On Saturday he was riding w/his cousins from our family cook out and the driver was pulled over for making a minor traffic violation when they search his cousins truck they found open container and small bag of pot in the back seat. They took his cousin to jail for DUI and towed the car but just gave my boyfriend and his other cousin a ticket for simple possession of the pot & open container and let them go. With my boyfriend it wasn't his pot and it wasn't on him but w/him being on probation & this is his last year, is he looking at time? Why the officer give the 2 people in the car those tickets but not the driver? Why did he let them go and not arrest them? Can this be thrown out for him?

Fr_Chuck · Mar 30, 2009, 09:50 AM

Has he went to the PO and told them yet and explained, get in trouble a lot faster than not telling them

Several issues, first most likely unless the full 15,000 is paid off, he will not get off probation but have it extended to give him more time to pay.

They may or could send him back to prison for the 5 years but most likely not

excon · Mar 30, 2009, 10:30 AM

Hello M:

The ticket isn't the issue. The violation is. What happens is totally up to his PO. He needs/needed to contact him IMMEDIATELY.

excon

MCSC25 · Mar 30, 2009, 10:31 AM

Thank You for responding. He is going to talk to his PO on Tuesday. His PO did say last month that very soon he could ask the judge for a civil suit and wouldn't recommend extended time or to terminate his probation because restitution. His PO understands his circumstances and tries to give my boyfriend info about the law w/out getting himself in trouble w/his boss. Even if he has done almost the full 5years on probation, they would still sentence him to 5years or would it be 30days for simple possession. I don't understand, the officer told him that he would tell the judge to lower the ticket fine from 500.00 to 200.00 and that's it. Why would it be jail time or is that something he needs to talk to his PO about on Tuesday?

excon · Mar 30, 2009, 10:49 AM

Hello again, M

Couple things. If it wasn't his pot, he's not guilty of anything... So, let's stop talking about the ticket. IF he's found guilty of the ticket, he'll probably be violated.

Screw the cop. This has nothing to do with what HE said. It's up to his PO and the prosecutor. If he's violated, they can make him do the entire 5 years.

I'd hire a good criminal attorney, if I was him.

excon

twinkiedooter · Mar 30, 2009, 11:56 AM

His PO may change his mind about being so helpful as your bf's "friends" are not the type he should be hanging out with due to the drugs. It does not matter if he was drug tested or not during his probation. Totally irrelevant here. He has the obligation to report any "police contact" and this is definitely police contact that needs reported to the PO. The ticket needs to be handled first and then the VOP will come after that.

Get a good attorney for him or he might end up doing the 5 years probation time in jail. And no, it does not matter if it was literally his last day on probation that the incident happened. The judge won't care how long he was or was not on probation when everything shakes out.

MCSC25 · Mar 30, 2009, 01:49 PM

Thanks again to all that responded...