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    jjgirl's Avatar
    jjgirl Posts: 4, Reputation: 1
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    #1

    Nov 22, 2012, 08:08 PM
    Probation revoked for self defense?
    My boyfriend is on extended release in WI. He suffers from PTSD from his childhood where someone held a gun to his head. Earlier this week a verbal argument happened with his sisters boyfriend who held a loaded rifle to his face. This obviously triggered intense PTSD so in self defense he pepper sprayed him. The cops came and told him he was no under arrest but going to emergancy detention (mental health). He was at MH for a day and a half then his PO had him moved to county jail. Apparently the DA is charging him with battery (the sisters boyfriend hid the gun so they think he is dilusion even though his younger sisters statement matched his). I called jail he has a PO hold and small bail of 150. I can't get in touch or visit as he has not even been booked its been 3 days. He has had minor probation violations in which he served alternative to revocations for so I guess my question is do you think he will be revoked even if he gets a good lawyer to prove his self defense? Or is he pretty much screwed and need a lawyer for his battery charge and one for revocation hearing?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 23, 2012, 01:45 AM
    First he is revoked, that is why he is being held. He will be held till the hearing. At the hearing they will determine what happens. He will need to try and get his mental health cleared, so his attorney will want to address his mental state when arrested.

    He will need a good attorney who may want to bring little sister into hearing and more.
    jjgirl's Avatar
    jjgirl Posts: 4, Reputation: 1
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    #3

    Nov 23, 2012, 07:41 PM
    Thanks for your response. I wasn't clear with my questions. He hasn't been revoked I was curious as to what his chances would be to beat revocation. I was a little emotional and did not make myself clear, I appoligize. I'm filing a complaint against his agent for not following the division of corrections handbook that states within three days of detention she must review the police report, interview offender and witnesses and get complete statements as well as reporting a summary of facts to her supervisor. Today is the 3rd day of his detention and his agent stupidly told me she has yet to view the police report or get a statement from my boyfriend. Or any witnesses. Her authority to hold him ends Tuesday and with any luck my request to have his detention extension denied because his agent didn't comply with her own rules will get him out on Tuesday. I bet she didn't think I'd look at her rule book that's posted publicly online :) FYI my boyfriends extended supervision is from charges when he was 16 that were inside statute of limitations and wasn't actually charged with the crimes until he was 19, he did his time in prison, charged as an adult. So he has got the crappy end of everything for dumb mistakes he made as a teenager and is now 24 doing the right thing and gets tied up in this awful mess, which I hope is over soon!

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