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

    Nov 24, 2012, 02:51 PM
    Probation violation
    My husband was arrested for violating his probation. His offense was he got caught at the check point with an ilegal alien. Before he was placed on probation he had a choice of being 6 months in jail or probation, and he chose probation. He has 3 violations against him which is, misdemeanor theft, failed drug test, and not doing his community hours. How long will he b in jail? What is going to happen?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 24, 2012, 06:02 PM
    Being at a check point with someone who is not a legal citizen is not a crime, that was not why he was arrested. ( my opinion) he most likely was arrested since they found him at the check point, he was arrested most likely for the other violatoins and there was a warrant or probation pick up on him already for those.

    He can do his entire probation time, how long is the probation, that is how long he can be in jail.
    tflores's Avatar
    tflores Posts: 4, Reputation: 1
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    #3

    Nov 24, 2012, 06:09 PM
    He was placed on probation for the crime of trying to pass an ilegal alien across the check point. Border patrol brought him in. And they gave him a choice at his first court before he got probation was he would do 6 months in jail or 2 years probation. He chose probation and then he violated his probation. He has been in jail for the past 3 weeks. He has court December 4
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 24, 2012, 06:16 PM
    Ok, slightly different, so this appears to be in their mind another criminal act.

    So yes I can expect them to want to give him the max time in jail(prison) of the entire probation time. Again this was his choice and he choice unwisely. He needs an attorney at the hearing but he will see jail time ( my guess)
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    tflores Posts: 4, Reputation: 1
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    #5

    Nov 24, 2012, 06:22 PM
    His PO he can't do more then 6 months and his Attorney said he is going to ask the judge to have him serve 75 days including time served. His PO had also told him if he wanted to attend a rehab since his violation was failing a drug test. But he never.got the chance to.tell her yes. Do u think he will serve the 6 months or get rehab or the 75 days?
    tflores's Avatar
    tflores Posts: 4, Reputation: 1
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    #6

    Nov 24, 2012, 07:03 PM
    His PO he can't do more then 6 months and his Attorney said he is going to ask the judge to have him serve 75 days including time served. His PO had also told him if he wanted to attend a rehab since his violation was failing a drug test. But he never.got the chance to.tell her yes. Do u think he will serve the 6 months or get rehab or the 75 days?

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