[rockstrzfem]

My boyfriend was arrested on a paraphernalia charge a year ago. His probation consisted of ARD classes (which he completed), a few fines (which he paid), and GED classes. He went to the classes, but halfway through had nowhere to live and never went to take the test. His hours ARE still logged for the classes. A bench warrant was issued because he failed to take the test and he didn't know about it and he was picked up a week ago while talking a walk. He has been in the county prison for 6 days with no defense attorney assigned to him, no counselor and his probation officer has not spoken to him. We both have no idea what is going on. What could they possibly be charging him with and what type of punishment/reconciliation can we expect?

[JudyKayTee]

He is charged with violation of probation - if you use the search feature you will see this has been asked and answered hundreds of times.

He could be let go with a warning; he could be sentenced to the original sentence to be served. There are many options.

I realize you think this is a "silly" violation; however, did he notify his PO that he had a problem with the test? When he received probation instead of jail time it should have been made very clear to him that the Courts are very serious about probation. If he had not been given probation he would have been jailed.

[rockstrzfem]

Well yes. I did look but none of the other posts were specific enough to answer my question, as none of the circumstances were outlined, not to mention the answer will be different dependent on what state the person lives in. I DO think it's silly because it's over a GED test and his probation officer has not even been contacted by the prison, whereas he has asked to speak with her... but thanks for your time

[twinkiedooter]

It is not "silly". This is what the Judge ordered your boyfriend to do as part of the entire probation package. Whatever you do, don't ever tell a Judge that any part of a probation package is silly. The Judge will probably happily sentence you to jail time instead of "silly" probation.

Not taking the GED test was just as much of his probation as paying any fine. So I guess you think fines are silly as well?

[excon]

Hello r:

Well, I for one, find it quite silly. To put someone in jail for a first offense "technical" violation with NO warning, is silly, indeed.

excon

[jmjoseph]

Hello r:

Well, I for one, find it quite silly. To put someone in jail for a first offense "technical" violation with NO warning, is silly, indeed.

excon

Excon, you know more about these issues than I do, but...

Who said it was his first offense? And who said it was without warning?


Rockstrzfem,

I think that it was silly as to not let his probation officer know that there was an issue, no matter how weak, in finishing the classes, and actually taking the test. Even if he was homeless, he knew the responsibilities involved. That's the way they work. They , I'm sure, made it crystal clear to him the conditions.

He KNEW the conditions of his probation, and still he violated them.

What was the paraphernalia? Was it a crack/meth pipe? A bong? It does matter.

Was this his first offense? Did they warn him? Did he tell you the truth?

[JudyKayTee]

If the boyfriend thought that living up to his agreement - the conditions of his parole - was "silly" he should have taken the jail time.

Agree to a certain extent with Excon - the boyfriend apparently isn't willing to man up to the conditions of his probation and instead should serve his sentence so he doesn't have to go through all this "silliness."

Then it's all over and he doesn't have to deal with it.

[Fr_Chuck]

Yes, what happens is he will be held to a probation detention hearing, he is considered a probation detainee, not a prisoner or inmate.

And I am sure the PO may have discussed the terms in the past.

[excon]

Who said it was his first offense? And who said it was without warning?

Hello jm:

I made it up, apparently. Sounded good.

excon