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In jail, but time doesnt count?

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cjohnson1982

Junior Member
What is the name of your state (only U.S. law)? Texas- My fiance was arrested for violation of probation on July 22, 2008. Back in 2005, he was arrested for theft. He was placed on probation and was schedule to come off probation in October of this year, but earlier in the year, as conditions to his probation he was to attend some employment classes. He attended a few, but due to transportation issues he was unable to attend like five or six. He was also behind on his probation payments. He paid, but not the amount they asked for each month. Other than missing his classes and not able to each month the amount asked for he complied with his probation. He reported every week to his probation officer. He showed proof of him working and looking for better employment. Passed all drug test, due to that fact that he does not do any drugs. His arrest was for missing a few classes and being behind in payments. He had spoken with his probation officer about his situation. The classes were 45 minutes away, and with no car or money for a cab it was impossible to attend. He called his probation officer on the days he was unable to attend. There were times were I called. But the reason I am concerned is his court date was on July 25, 2008. At the time the judge gave him two options go to state jail for 2 years, which meant he would be out in ten months and the charge would be on his record, or got to boot camp for six months and he will be on probation another six months and it will not be on his record. He choose boot camp. But for the past month he has been sitting in the county jail. He had called his lawyer, who was court appointed and asked when he was leaving for boot camp, she said it will be another month. So, right now he is sitting in county jail for two months and none of this time is be counted. He was not given a bail so he can leave. He is waiting for a bed to open up at the boot camp and until one does he has to sit in the county jail. HE asked his lawyer will he get day for day, and she told him no. This time in county does not count. Is it right that they can keep him locked up and not have that time county for anything. I am not saying that I am excusing his behavior, but he made a mistake and to punish him so harshly for missing a few classes is cruel and very unusal punishment. It wasnt like he was doing anything illegal to violate his probation. Can someone please help me understand and know what to do? Can they have someone in jail and dont apply any time to what he is doing now, even though they are no beds available where he is suppose to be at. He does not have a lawyer and I am looking? I could understand if the time he is doing now was applied to his 6 months but it is not. That is truly unfair.... So he will be locked up the county for two months and then at boot camp for another 6 months....

Mrs. Johnson...
 



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