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    acs74's Avatar
    acs74 Posts: 1, Reputation: 1
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    #1

    Feb 10, 2010, 12:38 AM
    What happens when arrested for a first time probation violation?
    [B]My Husband is on probation for disorderly conduct. About close to a month ago he was arrested for theft, and did 5 days in jail. After he got out of jail he called his P.O and told her everything. A few days later her partner came over and did his check, and told him okay check in the office on your scheduled day. Today was the day he was to go see his probation officer. He went and she askes 100 questions and when she was done the mesa PD came in and arrested him for probation violation. She had them put a warrant out yesterday for it. Now I don't understand how or why she can know about the jail time, and send someone to come over and check on him, and just NOW decide to violate him. So he will see a judge within 24 hours. Will he have to stay in jail, or will they let him out and schedule him for a sentencing date later?
    Hool1Gan's Avatar
    Hool1Gan Posts: 34, Reputation: 4
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    #2

    Aug 14, 2011, 04:52 AM
    Procedure according to law enforcement policy is big on documentation. This is how the P.O. learned of your husband's arrest. A paper trail must be started in case the incident ends up in court. This way the officer or official is covered: everything written, recorded, annotated, or logged, can become a legal document. Being on probation, or parole has specific conditions based on the charges you face and the crime for which you have convicted of. These conditions are set by the P.O. and recommended on the offender's behalf before a Judge. But one solid rule is that any kind of contact with law enforcement must be reported, and any form of offense can be considered a violation. An arrest is a given violation, everything of low severity can be the P.O's discretion, trust me if worded right you're hit. Only the Judge can decide to reduce the charges, and even if the P.O. doesn't burn you, it is required of them to document it. All law enforcement you had contact with will do the same, the P.O.'s hands are tied. The Judge can decide to burn you despite any recommendations for you, regardless of your progress otherwise. I know it is common to have bad blood for the P.O. but generally if you show an honest interest in squaring yourself away, some would take the time to explain anything not directly related to your conditions.

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