Ex_Communicate
Junior Member
What is the name of your state (only U.S. law)?
Idaho
Hi there. A friend of mine was on probation (and doing very well)for a second domestic violence offense. They were arrested for violating the no contact order associated with this charge. Immediately after the arrest, the no contact order was amended by the judge upon sentencing for the original offense which happened to take place a few days after they were arrested for the NCO violation...., as the NCO originally made no provision for my friend to have any visitation w/their kids and both parties violated the order in order to arrange for visitation w/the children. The other parent had a disagreement w/my friend, NO VIOLENCE, PHYSICAL CONTACT OR EVEN RAISED VOICES OCCURRED, the other parent just got mad that my friend wasn't paying them enough attention, so they called their PO and told them that they had had repeated contact since the order was entered w/the court, hence the arrest.
My friend has now been sentenced on the original charge associated w/the NCO. They were sentenced to 2 years probation, and 10 days work release.
Said friend is now in jail for 30 days after being arrested for violating the NCO, and their PO has now asked that the court issue a bench warrant for probation violation for the NCO violation.
A different judge will be handling the sentencing for this, and Idaho law is pretty strict. According to what I read in the Idaho code, sentencing guidelines for a second offense can be up to 5 years.
Will it help if the judge gets character witness letters ? My friend was doing very well before the arrest last week. Never missed a court ordered class, riding a bike no matter what the weather, in the middle of winter, to every drug test and court ordered class. Desperately searching for work. Etc...
I'm kind of concerned and more than a little irritated at the circumstances.
Thanks so much in advance for your wisdom in sorting this out.
Idaho
Hi there. A friend of mine was on probation (and doing very well)for a second domestic violence offense. They were arrested for violating the no contact order associated with this charge. Immediately after the arrest, the no contact order was amended by the judge upon sentencing for the original offense which happened to take place a few days after they were arrested for the NCO violation...., as the NCO originally made no provision for my friend to have any visitation w/their kids and both parties violated the order in order to arrange for visitation w/the children. The other parent had a disagreement w/my friend, NO VIOLENCE, PHYSICAL CONTACT OR EVEN RAISED VOICES OCCURRED, the other parent just got mad that my friend wasn't paying them enough attention, so they called their PO and told them that they had had repeated contact since the order was entered w/the court, hence the arrest.
My friend has now been sentenced on the original charge associated w/the NCO. They were sentenced to 2 years probation, and 10 days work release.
Said friend is now in jail for 30 days after being arrested for violating the NCO, and their PO has now asked that the court issue a bench warrant for probation violation for the NCO violation.
A different judge will be handling the sentencing for this, and Idaho law is pretty strict. According to what I read in the Idaho code, sentencing guidelines for a second offense can be up to 5 years.
Will it help if the judge gets character witness letters ? My friend was doing very well before the arrest last week. Never missed a court ordered class, riding a bike no matter what the weather, in the middle of winter, to every drug test and court ordered class. Desperately searching for work. Etc...
I'm kind of concerned and more than a little irritated at the circumstances.
Thanks so much in advance for your wisdom in sorting this out.