Probation violation questions?

Question

My fiance has been in jail since tuesday for a probation violation. He was originally on probation because he got charged w/ poss. of heroin (although all he had was syringes and razor and a glass) and he got probation and he had to take classes, community service and pay fines. He finished his classes and community service, and has paid some of his fines. He took a drug test through a doctor last week who told him he tested positive for MJ and Coke, and when he went to see his PO he told her the truth, and she arrested him. Now, what I want to know is if the judge is going to hold him or release him tomorrow. This is his first violation, he does not have anything else on his record, and he wrote a letter to the judge explaining that he wont do it again, and how 4 days in jail has taught him a lesson and he has a job he needs to keep in order to provide for us. His PO is also filling out a form saying that he told the truth. Do you think that the judge will hold him until the hearing?

Okay, as far as my living conditions go... it's just him and I and that's it, no kids... no anything. We have animals, and he's fixed. We're not having kids, and please, if your going to judge us for the drug use, then dont waste your time.

And, he never took the a drug test with his PO he took one with a doctor seperate from his Probation Officer. He told her the truth... doesn't that count for anything?

Answer 1

It's up to the judge.

The judge will listen to the PO's advice, but he's not bound by it.

Probation is a "second chance". When you commit a drug offense, and get given a second chance, and then commit another drug offense (Or, in fact, two, since he was dirty for coke *and* pot) the judge most usually finds that you wasted your chance, and jails you.

Typically he will now face the original sentence for the heroin that he was allowed to go on probation for. They may also charge him with new crimes for the pot and the coke.

Also, I hope your apartment is 'clean' - in my jurisdiction the police would be round there to search within a few days of a probationer being arrested after a dirty test. (They don't need a warrant to search his home when he's on probation).

If they find drugs in the apartment in an area to which you have access, then you could also expect to be arrested and charged with possession.

That he told the truth AFTER a dirty test will not help at all - it would have come out anyway, so why NOT tell the truth is how the judge will look at it.

Richard

Answer 2

hello, Cuzgirl, you've alot of severe solutions already. You probably see a trend. It concerns very a lot what state is in touch! the following in California, statewide, the percentages are in his want no longer to go back to penal complicated. Statewide more effective than sixty seven% of the time, the choose well-knownshows that he violated probation and then interior the subsequent breathe reinstates him on probation, below a similar words and stipulations. the proper source on your brother is the Probation Officer. basically basically ask him what he thinks is the probably effect. Ask him what he plans to say to the choose. undergo in innovations, there is alot of workplace artwork in touch if the officer sends your brother lower back. that's a lengthy way more convenient for them if the choose basically maintains. Play useful and tell the PO some useful thoughts about your brother's plans for Christmas along with your household!! proper desires. it is going to workout on your brother.

Answer 3

Stop it. If he tested positive for any drug, he's violated a term of his probation. Obviously, he didn't learn and if I were the Judge, I'd remand him without bail and sentence him to 3 months. How would you like your children around that? SNAP.

Answer 4

He stands the chance of having to serve the entire original sentence of jail or prison time IF the judge decides to do that. It is all up to the mood of the judge now.

Answer 5

Violation of the probation means imprisonment since the probation is revoked.