Is "suspicion of mischief" a valid violation of probation?

Question

My boyfriend's probation officer won't tell him what she's violating him for and when he asked her she said, "I don't have to tell you." He later found out that she called his other PO to try to get her to violate him with "suspcion of mischief." (His other PO said, "No," because she knows he didn't do anything wrong.) I know for a fact that he has not done anything to violate probation because I am with him all the time; however, when he got sentenced a year ago, his judge told him, "If I ever see you in my court again, even if you're asking me for help, I will send you to prison for your minimum sentence of 3 years." He thinks the reason his PO is doing this is because he made mistakes in the past (5 years ago), and she doesn't believe that he has his head on straight. She says it's because he is a criminal. I wonder if he really can go to prison for 3 years because this woman has suspicions. If it is a possibility, what can he do to prevent this from happening?

I'm not quite sure of the details, but he said he already received papers in the mail saying that she filed for violation, and that he's going to find out a court date the next time he goes in to see her. He's looking for an attorney right now, and he's going to take his attorney into the meeting with him.

Is the judge allowed to send him to prison for 3 years just because he was in her court again? or is that just an empty threat trying to scare him straight?

Answer 1

Absolutely not. Your boyfriend's PO is crooked and she is hoping that his other PO is just as crooked as she is. You guys have nothing to worry about. That accusation would never stand in court.

Answer 2

If I understand this correctly, a violation of probation hearing is taking place based on a "suspicion of mischief" without any actual arrest or criminal complaint?

A standard condition of probation is "obey all laws" except for traffic and very minor misdemeanor offenses as defined by your state. If your boyfriend received a criminal citation without being arrested - that remains a violation of probation. Let's say for example that your boyfriend was found with 1 joint and the police didn't decide to arrest but issued a criminal citation - at the violation of probation hearing, the judge could sentence him to the full 3 years (or less - depending on the original offense) and extend your boyfriend's probation after he is released. Any sentence your boyfriend receives for having the joint could run consecutive or concurrent to any sentence imposed by the violation of probation violation.

I suggest that your boyfriend keep his mouth shut and stop antagonizing the legal system - otherwise, be prepared to see him in prison for up to 3 years or dump his *** and find someone who obeys the law.

Answer 3

Violation of probation will mean imprisonment for 3 years but you can petition the court for reconsideration of the case.

Answer 4

Your boyfriend needs to get a lawyer and keep quiet until advised otherwise. He doesn't want to incriminate himself. At this point, his probation officer may just be trying to antagonize him. Don't let him win. Right now it doesn't sound like there is any probable cause, so your boyfriend should be fine.