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    mary1491's Avatar
    mary1491 Posts: 3, Reputation: 1
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    #1

    Aug 27, 2013, 09:55 AM
    First time felony probation violation? NYS
    My husband was arrested last year for grand larceny in the fourth. He was sentenced to 5 years felony probation, did 8 weekends in jail, and had to pay restitution. We've paid what we can but were pretty low on income so he's a little behind on the payments.
    A couple months ago, he got pulled over and was ticketed with an AUO in the 2nd. Which I believe is a misdemeanor. He told his PO immediately and is waiting to go back to court for that charge next month. Well out of nowhere his PO violated him two months after the fact, and before he was even sentenced in court for the ticket. So he just turned himself in for his VOP, and Im scared to death wondering what to expect. We have two children who need their dad and I'm due with our third in two weeks. I know he won't be out by then, but is there a chance he could get bail, and get a sentence besides years in jail, such as house arrest or more probation? It just seems absurd to me that they waited so long to violate him and over a traffic ticket... This is his first violation, can anybody tell me what to expect at the sentencing?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Aug 27, 2013, 10:15 AM
    Behind on the payments is a probation violation on its own... so this wasn't out of the blue.

    What happens is really up to the judge and based on what he's done... and not done. And the mood of the court that day.
    mary1491's Avatar
    mary1491 Posts: 3, Reputation: 1
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    #3

    Aug 27, 2013, 10:39 AM
    He's only behind on one payment. And he wasn't violated for that. He was violated for the AUO and that's it. We have been working with his PO because I'm out of work on medical leave and he's on disability. So the payments have nothing to do with the violation.
    mary1491's Avatar
    mary1491 Posts: 3, Reputation: 1
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    #4

    Aug 27, 2013, 10:40 AM
    Quote Originally Posted by smoothy View Post
    Behind on the payments is a probation violation on its own.....so this wasn't out of the blue.

    What happens is really up to the judge and based on what he's done....and not done. And the mood of the court that day.

    No we have a very limited income, he's on disability and I'm out of work on medical leave, we have been working with his PO on the payments. That has nothing to do with his violation. He was violated for the AUO, and that was his first AND ONLY violation. I just want to know how much time he could be getting, or if he could get house arrest or something like that. I know nobody knows exactly what will happen, but maybe they can tell me what to expect.

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