Consequences of Probation Violation

[Ruff]

What is the name of your state? Georgia

What are the consequences of probation violation? In Feb my X was sentenced to 7 years for a string of drug-related charges (2 served, but suspended provided he did 12 months in a private in-patient drug rehab). He lasted 6 weeks in rehab before being asked to leave because he broke one of the rehab's rules. Since leaving rehab he has been walking around a free man--somewhere, but no one seems to know where he is. Last week the law caught up with him and a warrant was issued for probation violation.

When they finally do catch him, I assume he will he go to jail. Will he go for 2 years or the full 7 years? Are there other consequences the longer he is missing?

 

[AmosMoses]

I am not sure but I imagine that he will have to finish what he didn't do of the the seven years (seven less the two he served, so five years). He may have to do 7.

So, my guess would be probably 5, possibly 7, VERY doubtful 2. Now, that's my guess if he DID 2 years already, but I am thinking that maybe you are saying that he was sentenced to seven with 5 suspended. If so, and all he did thus far was the few weeks in the rehab, he'll likely do seven. If you violate, you do teh whole thing.

 

[Ruff]

He hasn't done any jail time (yet). The only punishment he has "served" has been his 6 weeks in rehab. He was sentenced to 7 years of which 2 were to be in jail and 5 on probation. The DA made deal even sweeter by giving him a further stipulation that if he did the 12 months in the in-patient rehab, the 2 years would be suspended, meaning he wouldn't have to do ANY jail time. At the end of the 12 month rehab he was to walk away with 5 years probation.

I'm just not sure, since he didn't complete the rehab and is now MIA, if he will have to do the 2 years that was "suspended" or the full 7 (without the 5 years probation).

 

[AmosMoses]

Well, I would expect him to have to do the seven. I had a cousin in the same predicament, almost. He was always one who HAD to try to get away with something more, HAD to push the envelope....he got sentenced to, coincidentally, seven years also, and he lucked out (with a bunch of $$$ from his parents spent on a lawyer. This was lawyer money behind other lawyer money cuz he had been in other trouble also, naturally) and he was re-sentenced to some sort of diversionary "drug court" deal. Rehab followed by close and intense supervision, daily meetings, etc. and random drug screens for a year, then unsupervised probation for the remainder. Now, he was in jail before this, until his parents spent a bunch more on another lawyer to get him accepted into this "drug court". So, he did like 6 months in jail, was accepted into this drug court deal, and he got out and got re-sentenced and did 30 days in rehab. He then had to go like every week day for NA meetings, classes, etc., gradually weaning him off so that at a year he was back working and was only going to these classes, I guess you'd say, twice a week. Now, this moron knew he would be getting out on the following Tuesday, so I assume he figured that they wouldn't drug screen him that close to the end, and instead of waiting the last week or so, he HAD to go do some dope. Well, they did, and on THE VERY LAST DAY that he would have been under the supervised probation, they violated him....he is to do the remainder of the 7, which was like 5 plus years. (They credited him with the 6 months he did as well as the year he did outside, but he is to do the rest). Of course, this worked out great, because if he absolutely HAD to do that dope then when he was still under their thumb, I can only imagine how wild that idiot was gonna go when the drug screens stopped!! Some people deserve everything they get and then some!!

Of course, that is a different state, different court, etc., from your situation, but that is my guess, especially with him being MIA now.