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10-20-2007, 10:32 PM
| | Junior Member | | Join Date: Oct 2007
Posts: 3
| | | probation warrant
Hello, My son about 10 years ago got into a fight and the judge gave him a one year probation after about 2 months he stoped going, we moved but noone ever came to get him or no one ever called about this hes has worked on the books no one ever came to the job looking for him he has not been in any trouble at all he has a 3 year old daughter and his girlfriend is very up set for the past 3 months hes been out of work looking for a job and no one will give him one now we know why. found out he has a warrant for probation. now he mite lose his family and he wants to turn himself in to the cop's but what i am trying to find out if he will indeed go to jail? or will thay just put him back on probation he only wants to do the right thing so he can take care of his daughter and girlfriend.
Thank you for all your help
This is in New York |
10-20-2007, 10:38 PM
| | Senior Member | | Join Date: Jan 2007 Location: Michigan
Posts: 5,162
| | | Which state does your son live in now, and which state issued the warrant for probation violation? |
10-20-2007, 10:45 PM
| | Junior Member | | Join Date: Oct 2007
Posts: 3
| | | New York and he lives in New York |
10-20-2007, 10:58 PM
| | Senior Member | | Join Date: Jan 2007 Location: Michigan
Posts: 5,162
| | | Sorry, a couple more questions:
How old was he 10 years ago when he was put on probation?
What "type" of fight was he put on probation for (domestic violence, etc.)? |
10-20-2007, 11:03 PM
| | Junior Member | | Join Date: Oct 2007
Posts: 3
| | | he just turned 18 when this all happend and it was a street fight and the guy called the cops |
10-20-2007, 11:40 PM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 13,798
| | Quote:
Originally Posted by WorriedMom14  he just turned 18 when this all happend and it was a street fight and the guy called the cops | He had 2 yrs. probation .
What did he plead guilty to ? ( the specific crime ) .
Was there any priors ?
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10-20-2007, 11:55 PM
| | Senior Member | | Join Date: Jan 2007 Location: Michigan
Posts: 5,162
| | | Okay.
Well, your son violated the terms and conditions of his probation in a couple of ways, it seems - one, by changing residence without prior approval and, two, by failing to report to his probation officer or to counseling, whichever was ordered. The worst he could face, I believe, is the sentence he would have faced for the fight when he was 18. The best case would probably be community service (70 hours+).
I would have your son contact an attorney in New York who can give him a better idea of what penalties he is most likely to face. I imagine the attorney will advise your son to contact the probation office about the warrant. Since he was so young when the fight occurred (you are considered a minor in New York until the age of 19), and he has not been in any trouble since, and he now has a child and a girlfriend to take care of, they may take it easy on him, especially since he will not be viewed as a public safety risk.
Edit to add: With a one year probation ordered, your son's fight was probably a Class B misdemeanor. The misdemeanor could have led to an up-to-3 month jail sentence. I believe, if I am reading New York laws right (and there is a possibility I am not), that your son could face a 15 day jail sentence for violation of his probation (or, as I said earlier, community service).
Last edited by quincy; 10-21-2007 at 12:50 AM.
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10-22-2007, 07:48 AM
| | Member | | Join Date: Aug 2007
Posts: 272
| | | mama says it was a fistfight but they are unlikely to prosecute an 18 year old for a one on one consensual fistfight - where's the rest of the story? |
10-22-2007, 09:39 PM
| | Senior Member | | Join Date: Jan 2007 Location: Michigan
Posts: 5,162
| | Well, the one year probation fits with a Class B misdemeanor assault and battery, so the story could be legitimate. The judge probably ordered probation because of his age and to keep him out of trouble. Plus, it doesn't sound like the fight was "consensual" since the other guy called the police.  | |
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