[cakadarjr]

My husband was charged with simple possession of less than a gram of marijuanna at home on December 2010. We hired an attorney he was placed on 1yr probation with 20 hours community service and ordered to have an assessment. We moved and changed our address the order for his community service did not get to our new address and when he went to probation apt they told him they set him a new court date to attempt to violate him. He has only been on probation for four months he has never ever been in any kind of trouble ever before. He has been in compliance the whole time only reason community service was not done he didn't receive notice he had askd probation when he would get it because he hadn't received it yet. He goes to court soon what should he expect and can he transfer to another county if they charge him because I have currently relocated to another county and he wants to be close to us if they sentence him will they let him go to another county to do his time?? Please help

[twinkiedooter]

No excuse for not picking up the phone AND sending the change of address to the PO. It's part of the terms of the probation that the PO be notified immediately of any change of address. They probably won't send him to jail over this but if they do it won't be for very long or give him more probation and more community service. Reread his probation paperwork that he brough home with him and you'll see the change of address thing quite clearly spelled out. If the original county is not too far away - just keep his probation in that county and he can go back and forth each month as it takes a long time to get county to county transfer if at all and this is going to be for a short period. So what if he has to drive 2 hours one way each month? That was a very expensive joint.

[excon]

will they let him go to another county to do his time???? please help

Hello c:

You ask if the state can railroad him AGAIN for not getting his mail, just like they ALREADY railroaded him for LESS than a gram of marijuana?? The answer is clearly YES!

Your husband has layer upon layer of problems that can't be lumped together... He really needs an attorney to help him... But, the one he had, ISN'T the lawyer he needs... THAT lawyer FAILED him miserably.. Unless you live in the deep south, or there are other circumstances, I cannot IMAGINE anyone being placed on probation for a year for LESS than a gram of pot, WITHOUT having been totally MISREPRESENTED...

But, that's OLD news. His appeal rights have most likely expired. He needs to handle the violation FIRST.

Secondly, moving from one county to another, WITHIN a state while on probation is NOT prohibited, unless he has a specific order NOT to move. I don't think having less than a gram of pot would cause the court to place that restriction on him. The restrictions are WRITTEN.. He has a copy.

excon