Probation revocation

[zach_w]

A friend was sentenced to a boot camp style prison for a few months to be followed by 2 years of intense supervised pobation. The probation included 90 days of electronic monitoring, finding and holding a job, attending narcotics/alcoholics anonymous meetings, paying monthly court fines, no alcohol or drugs, 6-12 months in a halfway house, not leave the state, and regular meetings with the probation officer.

After 1 month of failing to abide by the conditions of electronic monitoring the judge gave a stern lecture to listen to the probation officer and there would be a follow up in 1 month. The following month the judge imposed a 90 day sentence for failing to meet the conditions of electronic monitoring even after the lecture the month before.

After release from jail s/he went into a third halfway house and was subsequently evicted after less than 6 weeks, which was the second house in which they were evicted. Since that time they have not had a formal address and has been drinking nightly while also doing drugs. S/he has only had a job for about 3 days after being released from jail and before jail had 2 jobs that lasted about 4 weeks and 5 days.

S/he said the probation officer has revoked probation but s/he is still free and continuing to drink and get high. When asked why there is no court date and not in jail s/he said "maybe they will just let it drop." S/he also said s/he hasn't met with the probation officer in 3 weeks.

If the probation officer suspects s/he has violated most conditions of probation then why have law enforcement not taken s/he into custody?

Probation would formally end next June so what could the sentence be if the court finds s/he in violation of probation?

 

[BL]

A friend was sentenced to a boot camp style prison for a few months to be followed by 2 years of intense supervised pobation. The probation included 90 days of electronic monitoring, finding and holding a job, attending narcotics/alcoholics anonymous meetings, paying monthly court fines, no alcohol or drugs, 6-12 months in a halfway house, not leave the state, and regular meetings with the probation officer.

After 1 month of failing to abide by the conditions of electronic monitoring the judge gave a stern lecture to listen to the probation officer and there would be a follow up in 1 month. The following month the judge imposed a 90 day sentence for failing to meet the conditions of electronic monitoring even after the lecture the month before.

After release from jail s/he went into a third halfway house and was subsequently evicted after less than 6 weeks, which was the second house in which they were evicted. Since that time they have not had a formal address and has been drinking nightly while also doing drugs. S/he has only had a job for about 3 days after being released from jail and before jail had 2 jobs that lasted about 4 weeks and 5 days.

S/he said the probation officer has revoked probation but s/he is still free and continuing to drink and get high. When asked why there is no court date and not in jail s/he said "maybe they will just let it drop." S/he also said s/he hasn't met with the probation officer in 3 weeks.

If the probation officer suspects s/he has violated most conditions of probation then why have law enforcement not taken s/he into custody?

Probation would formally end next June so what could the sentence be if the court finds s/he in violation of probation?

First the PO must formally file to violate him/her . The PO may be waiting to see if she/he shows for the appointment and indicate then that a violation will be formally filed and that she/he will be notified of the court date . Meantime she/he may let go free .

It will be up to a Judge to decide .

It's been know in small rural areas where law enforcement is aware of those on probation , where they see a violation , to call the local PO or magistrate that imposed probation , and take the probationer in front of the magistrate , even in the middle of the night , and the Judge will violate and sentence to jail .

 

[zach_w]

Thank you for your answer.

About 10 days ago I called adult probation and asked if probation had been revoked as my friend indicated it has been. The office told me I needed to speak to the probation officer and gave me the number. When I spoke to the PO, the only information that could be given me was that s/he is still on probation and there is no court date.

Regular drug testing is part of probation for her/him and if drug testing did take place s/he would definitely test positive. S/he is also failing to abide by all of the conditions I listed previously.

That is what is incredulous to me, is that s/he has not been taken into custody. Certainly after 3 weeks the county attorney and judge would have received something from the PO indicating s/he has violated all conditions of probation and would have a warrant issued?

 

[BL]

=zach_w;1994687]Thank you for your answer.

About 10 days ago I called adult probation and asked if probation had been revoked as my friend indicated it has been. The office told me I needed to speak to the probation officer and gave me the number. When I spoke to the PO, the only information that could be given me was that s/he is still on probation and there is no court date.

Regular drug testing is part of probation for her/him and if drug testing did take place s/he would definitely test positive. S/he is also failing to abide by all of the conditions I listed previously.

That is what is incredulous to me, is that s/he has not been taken into custody. Certainly after 3 weeks the county attorney and judge would have received something from the PO indicating s/he has violated all conditions of probation and would have a warrant issued?

No , it is up to the PO . Some PO's are very lenient , some are hard@ss .

Now , what is it to you what occures ?