 |
|
|
 |
New Member
|
|
May 16, 2012, 06:08 PM
|
|
Probation Violation and the sentence
My boyfriend was caught with drugs and it made him get a felony for it. He spent a month in jail before his lawyer got him into a program called Pre Trial Intervention where he had to meet once a month and give a urine test and $200. After going for 6 months he had failed one of the tests which was the first one. During those 6 months he had gotten a new job where they were not giving him that day off to go and take his test and give money. He tried to get it off but they would not let him because he went out of town A LOT! After he had missed 4 months of it with documentation of being at work, we had moved to another state so he stopped going to it. Over a year later he was stopped in his car and they saw he had a Warrant for his arrest a different state and took him in. He has now been in jail for 2 weeks and still has not went to trial or anything. His charge was only 2 years before getting into this Pre Trial Intervention. I am confused on how all of this jail time works so does anyone have any advice on how long he may be looking at?
He also has proof of working this whole time on the days that he was supposed to go to the urine test.
Thanks
|
|
 |
Uber Member
|
|
May 16, 2012, 07:27 PM
|
|
 Originally Posted by hillz356
My boyfriend was caught with drugs and it made him get a felony for it. He spent a month in jail before his lawyer got him into a program called Pre Trial Intervention where he had to meet once a month and give a urine test and $200. After going for 6 months he had failed one of the tests which was the first one. During those 6 months he had gotten a new job where they were not giving him that day off to go and take his test and give money. He tried to get it off but they would not let him because he went out of town A LOT! After he had missed 4 months of it with documentation of being at work, we had moved to another state so he stopped going to it. Over a year later he was stopped in his car and they saw he had a Warrant for his arrest a different state and took him in. He has now been in jail for 2 weeks and still has not went to trial or anything. His charge was only 2 years before getting into this Pre Trial Intervention. I am confused on how all of this jail time works so does anyone have any advice on how long he may be looking at?
He also has proof of working this whole time on the days that he was supposed to go to the urine test.
Thanks
Doesn't matter if he was working or not.. he violated the terms by not going.. and for moving to another state. His #1 most important thing in life was doing as he was told.
He can sit in jail for a good while before he comes before a judge.. and he's likey NOT to get out this time, he's likely to get the max for his violation.. . Drugs can carry a LOT of time depending on how much and what kind.
But before you can get ANYTHING more specific... we would need to know what state had the arrest warrant issued.
|
|
 |
Expert
|
|
May 16, 2012, 07:35 PM
|
|
There is NO excuse for missing a PO meeting, he needed to have taken off work even if he got fired, his PO meeting is more important than anything, obvious he wanted to go to jail.
Next without permission of the PO, he can not move out of state.
So.
1. Dirty urine,
2. missing meetings
3. moving out of state.
4 no contact with PO for months and months.
He will go to prison and most likely have to serve most of the change he was sentenced to.
There will be no diversion and this will show up on his criminal history.
If he was on 3 years probation, most likely he will do three years in prison, unless let out on parole.
You seem not to understand how serious his violations were, and have some thought this is like high school where you bring in a note or excuse.
|
|
 |
New Member
|
|
May 17, 2012, 01:45 PM
|
|
His charges were in Mississippi.
We know that it was not like High school but if he couldn't work then he couldn't pay and if he couldn't pay it would be the same situation. From what the PO said when we were giving the excuses that it would just add time on the end. That a few people were in the same situation.
From what I was told by my boyfriend about the drug charge is that it was right at the limit to give him a felony. If he had a little less than it would have been a misdemeanor. It was weed by the way. He did not get a charge for intent to sell. It was just carrying. I am not sure if that matters at all either.
I was talking to him earlier and some other people that are in Jail with him currently were telling him that if he brings the excuses in that they will put him back into the program but I was looking at it and it said that you are only allowed to be in the program one time and that is it. Another person had said that since it was his first offense that more than likely he will be able to just get out in a month with time served and be back on probation for it. I know that it is not good to really listen to what other "inmates" are telling him but I didn't know if there was any truth to what they were saying because they had been through it.
Still not sure about the court date yet though. I had called up to the jail and they said that he could sit and wait for months for an inditement. Do you get served an inditement each time you get arrested? If not he had already been served an inditement for this charge the first time.
|
|
 |
Expert
|
|
May 17, 2012, 02:26 PM
|
|
Any terms of the crime mean nothing now, and almost too little is still enough to be the crime.
At that time his attorney should have tried to get it reduced, he was either convicted of, or accept a plea of the crime.
So his innocent of the crime is not a issue now,
They will not indict him on a probation violation, he will merely sit in jail till a hearing to see if they will send him to prison, jail or let him back out on probation again.
But "more time on the back in" can't believe a PO said that, since that is not true, only a judge does that, and he has to be taken back to the judge for that.
|
|
 |
New Member
|
|
May 20, 2012, 04:42 PM
|
|
How long do they usually wait until the hearing?
|
|
 |
Expert
|
|
May 20, 2012, 05:31 PM
|
|
Here in Georgia it goes from about 3 weeks to 8 weeks for the hearing
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Probation Violation? What do you think the sentence may be?
[ 14 Answers ]
My boyfriend violated his probation by not reporting to his probation officer. She violated him three times for the same offense. He was originally sentenced to 5 years in prison, but was released in four months with probation. They just got him about three days ago. Why he was not reporting was...
Probation violation sentence
[ 14 Answers ]
What is the consequences of violating your probation in GA for failure to report? Plus this person is a first time offender.
Sentence for probation violation?
[ 3 Answers ]
My husband stopped reporting to his p.o. because (from his words) his new p.o. (his original officer was transferred) was mean and expected so much money from him when he was elunemployed. He only had 6 months left after 2 yrs of perfect reporting, community service and passed all drug tests.
They...
How long a sentence do you get on a probation violation?
[ 1 Answers ]
Hi, I was convicted of a misdemeanor gun possession in CA, it was my first offense and I don't have anything else on my record. I completed community service but I didn't pay the fines because I can't find a job, it was due 3 months ago is this a violation of my probation,
Can the PD help me if I...
View more questions
Search
|