[kat76522]

Hello everyone
I going nuts here I need some advise
My son is on 5 years probation for Burglary (felony)in 2008(he was on probation then for 2 years) he was arrested for evading arrest and possession of alcohol by a minor he had an awsome PO that still saw potential in him and send him to Drug and Alcohol class which he finished his PO died in 08 from Cancer god rest that good man's soul.. a women took it over then in 2010 and this year last month actually he came up hot for marijuana he also caught a xase for possession <2oz wwhich it wasn't his and we're going to trial for it in August yes I'm pretty sure he knew it was in the car but it was in front of the driver seat and he was in the back seat so we 're not worried about that anyway I'm just trying to put it in here in detail so I can get a good answer :) oh and he also fell behind on his payments... OK so last month he went to see his PO she said and I " now all you have to do is pay the rest of your money by july 1st and come in around august 1st to sign of off your probation " tell me why she turned around and put a warrant out for an MTR now I heard that the judge listen to what the PO say's can she suggest to take all of his probation back and sentence him to the whole 5 years even though he has only 1 month left PLEASE HELP

[JudyKayTee]

The only person who knows why she "turned around and put out a warrant" is the person herself. I can't read her mind. I don't believe she herself issued a warrant for him.

Your son could always ask her.

She must have given her reasons to the Judge. What were they?

And, yes, he could be sentenced to the original sentence plus time for a probation violation.

[kat76522]

By the way he has all his money together to pay it off he has a job and still has a job if he gets out... so would the possibilities be he high on him getting reinstated or more time(probation) added on... im not saying he don't need to be punished with some jail time... I'm just worried he would go to prision he was moving in oct away from here he was planning on getting married :( I just feel since the PO said one thing but he still got an MTR that she might suggest prsion time to the judge

[excon]

she might suggest prsion time to the judge

Hello kat:

She might... It's his job to present mitigating evidence, which I believe he HAS. If he can't present it articulately, he needs a lawyer to do it for him.

excon

[JudyKayTee]

There is no way to know and there is no set number of times a person can violate and walk away. It depends on the Judge. If the violation is similar to the reason he was arrested in the first place, yes, I see jail time.

If he has the money to pay, why doesn't he do that?

[kat76522]

he hasn't paid because he was supposed to pay it off by July 1st he drives a Taxi and needed to save up we were going there tomorrow to pay it June 30th... his PO since he is in county I called her told me NOT to pay it because she don't know what the judge is going to do he has a lawyer for his Posseion charge but I don't know if he will take this one too he is court appointed and some people in county also told him HE SUCKS I don't know and no the first charge 5 years ago was burglerary of a habitation which he went into his friends house without permission to get his x box controller he didn't take anything but that BUT he did just walk in the house while everyine is gone so its still burglary

[kat76522]

To excon what is> present mitigating evidence< I guess my english didn't teach me those words lol I'm from germany I guess I look it up lol

[excon]

present mitigating evidence

Hello again, kat:

Let's say the PO says he should go to prison. You son MITIGATES what the PO said by giving the judge ALL the reasons he SHOULDN'T be sent to prison. You listed a bunch of them here. If the judge hears about it, I don't think he'll send your son to prison. But, your son needs to present a CLEAR and CONVINCING case for himself. That AIN'T easy. If he CAN'T he needs someone to do it for him.

excon

[kat76522]

I had ask my husband to call her and talk to her and she warmed up to him a little and she said that she gave him a chance and he came up hot again it doesn't matter if we have the money he owes or if he has a job he violted his probation she when he asked about worse case scenerio she talked about sending him to prision for the 5 years or shock probation (what is that ?) but anything concerning punishment was prsion but she said its up to the judge I'm worried not only if he goes to prision but also ihave a messed up car and couldn't even go see him I'm just stressing right now and try my best to calm down...

[Fr_Chuck]

First I will be blunt and sound hateful, why is the son not calling his PO, he is a adult now I assume, and if he is a adult, the PO should not even be talking to his parents.

If he is still a minor, then juv court works a lot different than adult court even as to what and how the judges do things.

If he is in Georgia and many other states, if there was drugs in the car, every one in the car can be found guilty, the state does not even have to prove he knew they were there, state does not have to prove they were his, all the state has to do is prove 1. he was in the car, 2, drugs were in the car. So don't be so sure that he will get out of those new charges. And of course this along with a dirty drug test is showing a pattern that he is using drugs and hanging around with people who are using drugs.

And yes the judge can easily give him the entire 5 years in jail if they want to. Normally this may not happen, but he could easily expect 90 days to 6 months.

A shock program can be many thngs, one of the common things we have here in GA are boot camps, sort of like going to a marine basic training but perhaps tougher, what they do is sentence him to something like 2 years, but suspend the rest if he completes the boot camp, which is about 3 months long.

And if this is adult prison, often he may be sentenced to the other side of the state. And in boot camps normally for the first 6 weeks or so there are no visits anyway.

[kat76522]

First I will be blunt and sound hateful, why is the son not calling his PO, he is a adult now I assume, and if he is a adult, the PO should not even be talking to his parents.

If he is still a minor, then juv court works alot different than adult court even as to what and how the judges do things.

If he is in Georgia and many other states, if there was drugs in the car, every one in the car can be found guilty, the state does not even have to prove he knew they were there, state does not have to prove they were his, all the state has to do is prove 1. he was in the car, 2, drugs were in the car. so don't be so sure that he will get out of those new charges. And of course this along with a dirty drug test is showing a pattern that he is using drugs and hanging around with people who are using drugs.

And yes the judge can easily give him the entire 5 years in jail if they want to. Normally this may not happen, but he could easily expect 90 days to 6 months.

A shock program can be many thngs, one of the common things we have here in GA are boot camps, sorta like going to a marine basic training but perhaps tougher, what they do is sentence him to something like 2 years, but suspend the rest if he completes the boot camp, which is about 3 months long.

And if this is adult prison, often he may be sentenced to the other side of the state. And in boot camps normally for the first 6 weeks or so there are no visits anyway.

========================
sorry for the misunderstanding he is not in GA we are in Texas coryell county he was going to move there with his brother when he comes back from Iraq... he is a soldier... he has gotten rid of all of his friends has only been around his fiancée and her son he has been doing well he used to smoke and quitt but I believe I know when he cracked and smoked the weed when my oldest son and his best friend committed suicied because of PTSD that messed up both of my boys pretty bad no excuses I'm looking for I know he smoked or he wouldn't come up hot... he know he messed up... he don't callhis PO because he is in county and she won't accept collect calls he is 23 by the way... he really has been doing better I'm not taking up because I'm his mother when he is wrong he is wrong and he knows that BUT I just don't want him in prision I know it doesn't matter what I want and I'm not saying don't punish him at all I just think 5 years is a little harsh... and of course it kills me to think he would end up in prision with the horror stories you here I'm just worried...

[Fr_Chuck]

NO sorry, I knew he was not in Georgia most likely, but I know GA law, not Texas criminal law, but also know that almost all states have laws that are very close

And he is hurting his self very seriously by not calling the PO his self, they have calling cards they sell at every gas station and walmart, to use, almost every cell phone in america is unlimited service. They have voice over computer interent lines and more. And the PO really don't care why he does not call but him not calling her his self can be about 1/2 of his issues, I was a PO, I worked the worst prisons in three states and some Federal prisons. I will tell you, parents who call and talk for their adult sons are laughed at, and joked about, when they hang up. Their child on probation is considered a joke *** don't mean this wrong, but this is almost always the same

[kat76522]

NO sorry, I knew he was not in Georgia most likely, but I know GA law, not Texas criminal law, but also know that almost all states have laws that are very close

And he is hurting his self very seriously by not calling the PO his self, they have calling cards they sell at every gas station and walmart, to use, almost every cell phone in america is unlimited service. They have voice over computer interent lines and more. And the PO really don't care why he does not call but him not calling her his self can be about 1/2 of his issues, I was a PO, I worked the worst prisons in three states and some Federal prisons. I will tell you, parents who call and talk for their adult sons are laughed at, and joked about, when they hang up. Their child on probation is considered a joke *** don't mean this wrong, but this is almost always the same

He can't use a calling card or cell phone he is in county they arrested him last Saturday when his fiancée got pulled over for a broken tail light they ran his name and it came back that he had a warrant for MOTION TO REVOKE... he didn't know he had a warrant because she told him I"if you pay the rest of your money before July 1st then you don thave to come in till its time to sign off on your probation... I guess she changed her mind
And they locked him up so all he can do is call collect and he tried they won't accept the call that's when he asked me to call

[JudyKayTee]

I think we are getting this story in bits and pieces and STILL don't have the entire story. The question which I answered is no longer even remotely the current question.

The person who should be reviewing all of this is an Attorney. I don't understand how the son is a soldier, still active, with this record - ? Next question will involve the Court martial.

And if the son IS suffering from post traumatic syndrome AND it's been diagnosed the VA (or the military) SHOULD be stepping in.

At any rate, yes, I see a problem with Mom stepping in to save his tail every time. I have no idea why anyone in the legal system would be talking to her. Not here in NY.

At any rate, OP needs an Attorney.

Maybe he knew, maybe he didn't, that there was a warrant out for him, but how many people use the "I didn't know about it" warrant defense? Seems very popular and very unsuccessful.

The next question is going to be posted when the fiance's "ex" finds out about the OP's son and his drug and arrest record.

[kat76522]

I think we are getting this story in bits and pieces and STILL don't have the entire story. The question which I answered is no longer even remotely the current question.

The person who should be reviewing all of this is an Attorney. I don't understand how the son is a soldier, still active, with this record - ? Next question will involve the Court martial.

And if the son IS suffering from post traumatic syndrome AND it's been diagnosed the VA (or the military) SHOULD be stepping in.

At any rate, yes, I see a problem with Mom stepping in to save his tail each and every time. I have no idea why anyone in the legal system would be talking to her. Not here in NY.

At any rate, OP needs an Attorney.

Maybe he knew, maybe he didn't, that there was a warrant out for him, but how many people use the "I didn't know about it" warrant defense? Seems very popular and very unsuccessful.

The next question is going to be posted when the fiance's "ex" finds out about the OP's son and his drug and arrest record.

Sorry for the misunderstanding his older brother is in the military not him he is in county and no he did not know about the warrant... his PO told him last Tuesday... if he pays all his fines be y July 1st then he don't have to come back in to se her till August to sign off on his probation papers I guess she changed her mind they just gave him the papers to request for an attorney yesterday... then we go from there I'm stepping in BECAUSE he asked me to call his PO because he couldn't contact her since like I said he is county his fiancé"ex" is not even in the picture he lives in the same town and hasn't seen his son in 2 years... you know I don't want anyone in here to think that I'm putting my son up as an angel I am a very protective mother BUT I know when he did wrong... no one says he shouldn't be punished and if it means prision then there is nothing I can do I'm just worrried and was trying to get some nfo to ease MY MIND a little I have one son in iraq and one in county I worry about the one in iraq like crazy and now I worry about the other one too its just a lot of stress...

[JudyKayTee]

When I read this "
sorry for the misunderstanding he is not in GA we are in texas coryell county he was going to move there with his brother when he comes back from Iraq ..... he is a soldier .... he has gotten rid of all of his friends has only been around his fiancee and her son he has been doing well he used to smoke and quitt but i believe i know when he cracked and smoked the weed when my oldest son and his best friend comitted suicied because of PTSD" I thought you were referring to the son in jail. Now I understand!

It's hard NOT to be a protective mother and I KNOW you are worried.

I think you need to retain an Attorney if for no other reason than it will put your mind at ease.

The fact that the "ex" is not in town doesn't mean he won't get word of this and make a move. Read the Family Law section. It happens (literally) ALL the time!

[kat76522]

When I read this "
sorry for the misunderstanding he is not in GA we are in texas coryell county he was going to move there with his brother when he comes back from Iraq ..... he is a soldier .... he has gotten rid of all of his friends has only been around his fiancee and her son he has been doing well he used to smoke and quitt but i believe i know when he cracked and smoked the weed when my oldest son and his best friend comitted suicied because of PTSD" I thought you were referring to the son in jail. Now I understand!

It's hard NOT to be a protective mother and I KNOW you are worried.

I think you need to retain an Attorney if for no other reason than it will put your mind at ease.

The fact that the "ex" is not in town doesn't mean he won't get word of this and make a move. Read the Family Law section. It happens (literally) ALL the time!

No the ex lives IN TOWN and does not care at all he hasn't seen his son in 2 years trust me on that one he does not care... her parents do but I'm telling you and I know by reading my posts and what he did you might think different but he really is a good guy her parents are older church going people and they love him... and I know in my last post wheni read back it was confusing lol I am sorry what I meant was both of my son's have a friend that is also in the army like my oldest one THE friend had PTSD and killed himself and I believe that that was the day he smoked in order for him to come up hot

[kat76522]

When I read this "
sorry for the misunderstanding he is not in GA we are in texas coryell county he was going to move there with his brother when he comes back from Iraq ..... he is a soldier .... he has gotten rid of all of his friends has only been around his fiancee and her son he has been doing well he used to smoke and quitt but i believe i know when he cracked and smoked the weed when my oldest son and his best friend comitted suicied because of PTSD" I thought you were referring to the son in jail. Now I understand!

It's hard NOT to be a protective mother and I KNOW you are worried.

I think you need to retain an Attorney if for no other reason than it will put your mind at ease.

The fact that the "ex" is not in town doesn't mean he won't get word of this and make a move. Read the Family Law section. It happens (literally) ALL the time!

Oh and he's getting an attorney now but he will be court appointed (praying for some that cares) we don't have the money to $3000 to retain one

[JudyKayTee]

I've seen EXCELLENT Court-appointed Attorneys. They aren't Attorneys who otherwise can't find a job.

Good luck.

[kat76522]

I've seen EXCELLENT Court-appointed Attorneys. They aren't Attorneys who otherwise can't find a job.

Good luck.

Thank you and I aprechiate the conversation
I will update once we know more