My brother in-law got arrested about 6 months ago for stealing from his job. He was charged with an undesignated class 6 felony. He was put on 18 months probation with 30 days jail defered after the first 6 months. He went to his P.O from june to oct of 07 and completed part of his comunity service and resitution. We just got a letter from his P.O that says he stopped going and he was to turn himself in on Dec 15th or she would make a motion to revoke his probation. My wife talked with him and he says he just got scared that his P.O was going to send him to jail so he stopped seeing her. If he had i guess his deferred jail time would of been taken off. Anyway after we brought this to his attenion he got scared and i'm sure he didn't turn himself in so he has violated his probation. My question is what will happen? A friend has told me that the court will send him a letter for a meeting about his probation violation. Is that true or will his P.O come to my house looking for him? (He was staying with us and used our address for his P.O) I am also wondering what will probably happen to him? He is a good kid (21 yrs old), he is currently enrolled at school. He is just scared of going to jail and we are afraid he might try to run. He has no priors. Is there any chance for this to turn for the better. My wife and I are in the process of getting an lawer to see what they say.
2007-12-15 11:07:23 · 3 answers · asked by Steven S 1 in Politics & Government ➔ Law & Ethics
This all happened in AZ and he has told us that he is willing to do anything to get this behind him. His familiy is willing to pay off his resitution to help as much as we can but we want him to face this problem and not run. We are unsure of what to do.
2007-12-15 11:32:37 · update #1
First i want to thank you all for your help and input. To clear up some misunderstanding, the P.O is violating him for not turning himself in to his deferd jail time and not missing 2 appointments. If he calls her and explains himself and we goes to see her first thing monday is she more likely to not revoke him? Also she told him he never had to do the deferd jail time if he does what she says. So - guess she is inforcing it for missing 2 appointments.
2007-12-15 13:22:31 · update #2
If he had 18 months probation, and violated that by not seeing his Probation Officer, he could do all the 18 months and not just 30 days! Like others have said, he should get to the Probation Officer ASAP before he's arrested again, and note that Probation Violation is ANOTHER CRIME that will be added on to everything else!
2007-12-15 12:28:55 · answer #1 · answered by alaskasourdoughman 3 · 0⤊ 0⤋
You would be foolish to pay off his restitution. What good will that do? What would it teach him from this experience? In all likelihood, you would never see the money again.
Your question has your answer. The P.O. told him if she didn't see him by 12/15, she would file a motion to revoke him. He better have his rear end sitting outside her office first thing Monday morning, or she will file that motion.
She may decide to revoke him anyway, but he has one last chance to talk her out of it. But he has to be there, when the sun comes up, to talk to her before she can do anything else on Monday morning.
If he doesn't go and a motion is filed, his probation will absolutely be revoked, unless he is in court with a darn good reason for failing to meet the terms of his probation. As far as his excuse that he stopped going because he thought she would send him to jail--obviously he doesn't get it. If he doesn't do everything exactly as he is told he will go to jail. And he will deserve it.
If there is a revocation of his probation, a bench warrant goes out for him. Depending on the resources of the probation department, they could show up at your house with the sheriff and a pair of handcuffs. Then he does his month in jail.
At 21 it's time he stop being a knucklehead and start being a man. You will do him no favors by running interference for him. Drive him to the probation office first thing Monday and then let him deal with his own business.
2007-12-15 11:54:37 · answer #2 · answered by raichasays 7 · 0⤊ 0⤋
Follow the rules set by the Probation Officer in order that probation will not be revoked. If there is an abuse of authority on the part of the officer, report it.
2007-12-15 12:19:22 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋