+ Reply to Thread
Results 1 to 2 of 2
  1. #1
    agr87 is offline Junior Member
    Join Date
    Jan 2009
    Posts
    1

    2nd probation violation, how much time could he do?

    What is the name of your state (only U.S. law)? Georgia

    My boyfriend was arrested for warrants for a probation violation. This is his second violation. He was originally charged with felony possession of marijuana, served 60 days, I believe, and was given 8 years probation. I think they gave him 30 days to serve after his first violation. His probation will be up in 2011, but he hasn't paid probation in almost two years. What is the procedure for this, and how much time can he expect to get this time around? On a side note, not that this has any affect on his sentence, but he was unable to pay this time due to a disability preventing him from working. He was turned down for government disability benefits, but I don't understand why because he lost his left leg about 12 years ago in an accident on the job. This is the only criminal record he has, and I am expecting our second child in July, and I feel that we don't deserve to go through this. Is he just "**** outta luck" on any hopes that he will only serve a short jail term? Thanks for the advice.
  2. #2
    outonbail is offline Senior Member
    Join Date
    Aug 2004
    Location
    Southern California
    Posts
    2,515
    Your husband should know how much time he's facing for violating probation, as the judge would have told him when he was first sentenced, what was hanging over his head if he were to violate.

    Basically it works like this.

    He either plead guilty or was found guilty of criminal charges. The judge would have then sentenced him to whatever range of time he/she thought your husband should receive for his crime. They consider his status at the time of sentencing, like his work situation, his prior criminal history if any etc.

    For example, the judge may have sentenced him to three years in prison, then suspended his sentence and placed him on probation, under specific terms which he agreed to follow. These usually include not breaking any laws, paying fines, attending classes, doing community service, serving a minimal amount of time locked up, etc.
    The judge would have informed your husband that if he violates any of the terms of his probation, that he will then be taken into custody, to begin serving out the three year sentence.

    When your husband violated his probation the first time, the judge evidently cut him a break, or believed your husband had a somewhat legitimate reason for violating probation and so he only required your husband to serve thirty days for the violation. The judge may have also extended the length of his probation at that time as well. In other words, added another year or two of probation to his original probation term.

    So, now that your husband has violated his probation for a second time, he has several things that will work against him when he stands before the judge.
    First, this is his second probation violation. Strike one.
    Second, he hasn't paid his fine and he probably hasn't reported to his probation officer like he agreed to do. That's trike two.
    Third, he didn't try to resolve his VOP on his own, voluntarily. It was necessary for officers to arrest him on the warrant and drag him to court, otherwise, he had no intention of clearing up the matter. Strike three!

    So I would say you should hope for the best, but plan for the worse, as he may be locked up for a while longer this time.

    Keep in mind that we can't predict the future. But judges usually don't like it when people don't take their probation seriously. Probation is a privilege which allowed him to remain free.
    But when people don't recognize the privilege they have been given and when they don't abide by the terms of their probation, judges usually take the privilege away.

    I would also advise him not to tell the judge that you are expecting your second child. This is because the judge will probably reply with something to the effect of, "if he's not able to work, earn a living and pay his fine, how does he expect to support another child? Which is a very good question,,,,

Similar Threads

  1. Probation violation time served?
    By nignog1 in forum Sentencing / Parole / Pardons / Plea Bargains
    Replies: 0
    Last Post: 03-31-2011, 07:17 AM
  2. probation violation 1st time on probation
    By grannyintenness in forum Arrests, Searches, Warrants & Procedure
    Replies: 0
    Last Post: 07-20-2009, 11:40 PM
  3. Violation of Probation NJ / Jail time
    By DrStein99 in forum Sentencing / Parole / Pardons / Plea Bargains
    Replies: 8
    Last Post: 02-20-2009, 07:35 PM
  4. What happens on a 1st time Probation Violation?
    By tx_felon in forum Sentencing / Parole / Pardons / Plea Bargains
    Replies: 17
    Last Post: 04-02-2007, 01:14 PM
  5. Probation Violation 2nd time
    By Brillo in forum Sentencing / Parole / Pardons / Plea Bargains
    Replies: 1
    Last Post: 06-15-2005, 04:13 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.