The guy in question was sentanced to serve 1 year in prison for assult. He served only a quarter of his sentance, when released was tagged and put on licence.
Part of his early release meant that he has to attend probation for a year and complete a 9 month anger program.
He has completely turned his life around since being released, has missed 1 - 2 probation appointments for which he phoned and explained. The anger program however, he has failed to attend. He was given the oppertunity to attend on a second occasion and again failed to attend. His failing to turn up were due to work commitments and just because he couldn't be bothered to go!
He will now be taken back to court for resentancing. What is the likley hood of him being sent back to prison for a stretch?
2006-11-24 01:52:07 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Getting2oldquick ~ his reasons for not attending is due to him trying to provide for his family!
2006-11-24 02:01:41 · update #1
I am afraid that the legal system does not do well with excuses eve seamingly legitimate ones. An obligation is an obligation in the eyes of the law. All too often released inmates will put on a front to those who would be the most simpathetic and come to their defense when the long arm of the law reaches for them. If he truely cared for his family as you say then he would have made the time to do what he was supposed to do for their sake. I have no doubt that there are those who do reform their lives after prison/jail but htey are few and far between. Don't be taken in by a false front, there will be less disapointment when the truth is finally revealed. If your first reachtion to this is "Oh, he wouldn't do that," then it is already too late.
Don't get me wrong, I'm not saying that he isn't a good person, but the patern is there in your own question. Sometime good people lose their way and can't seem to find it again. The best of luck.
2006-11-24 03:24:10 · answer #1 · answered by ikeman32 6 · 0⤊ 1⤋
A great deal will depend upon the attitude of probation. The rules oblige them to take out breach proceedings against someone who misses two appointments without excuse. If they can speak warmly in support of this particular person (whoever he might be!) then I think that the court would be sympathetic to the general idea of keeping him out of prison. I don't know whether there's a typo in the question where it says: "due to work commitments and just because he couldn't be bothered to go!" and that you intended to slip in the magic word "not".
The fact that the man has a job is very much in his favour. If the court had set the original conditions as part of the sentence, it would be open to the court to vary them to take account of the work commitments, but these were conditions imposed by the prison, so I don't know how free the court is to vary them.
The main thing is for the man to turn up at court, impress those present with the fact that he is in work despite his earlier misdeed and to show a decided lack of anger and resentment!
2006-11-24 03:34:07 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
If he has reasonable cause not too attend i.e. due to work then he may just get a slap on the wrist and told to go. When he goes to court a letter from his employer would go in his favour as proof he has been working. Worst he may get is a fine but i very much doubt he will be sent back to prison.
2006-11-24 02:24:26 · answer #3 · answered by shelz042000 3 · 0⤊ 0⤋
I just hope he has a good judge at court who recognises the circumstances and progress made. It might be sensible for him to get references and statements from his employers about his work record and also personal refernces from associated with him to give some account of his character. Providing he has not got into any trouble that could be related back to his anger problems (fights etc) then he should have a reasonable chance of not being returned to prison. Good luck
2006-11-24 02:11:04 · answer #4 · answered by Bill T 2 · 0⤊ 0⤋
100%. If he was given 2 opportunities to attend an anger programme and missed both, they're going to toss him back into the slammer to serve out the rest of his sentence.
Sorry.
2006-11-24 01:54:45 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If it were just work commitments he may have had a chance. Not being bothered to go is jail-time.
2006-11-24 01:58:59 · answer #6 · answered by skip 6 · 0⤊ 0⤋
I don't know
He really should have showed up for probation I think.
I'm pretty sure that you go back to jail if you don't keep a probation officer happy.
2006-11-24 01:55:44 · answer #7 · answered by kurticus1024 7 · 1⤊ 0⤋
Definite
2006-11-24 01:55:10 · answer #8 · answered by Barry G 4 · 0⤊ 1⤋
Sounds like you're going back to jail.
2006-11-24 02:11:12 · answer #9 · answered by Anonymous · 0⤊ 0⤋
I hope 100%. If he can't live up to the terms set for him then he hasn't "turned his life around" as you said and is likely to return to his old ways.
2006-11-24 01:59:03 · answer #10 · answered by getting2old2quick 3 · 0⤊ 1⤋