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Probation Violation

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J

jmhsmom

Guest
My son was recently arrested for violation of probation. They said he failed a drug test. The day he was arrested was 12/8 - supposedly the drug test failure was 11/2 - shouldn't they have arrested him prior to his next probation appointment? He wnet in for the appointment, the PO cursed at him, told him to sign the paperwork as he was going back to jail. What can we do? They have placed him in county jail and NOBODY has discussed anything with him. Shouldn't someone explain WHY he is there? Doesn't someone have to be responsible for sitting him down and explaining his options? Was his PO right in arresting him on the site when he supposely failed the test over 1 month earlier? Why wasn't he arrested at that time? Appreciate any suggestions you may have. Thnk you!
 


V

Virginian

Guest
This is commonly the way I have seen probation violations handled----the PO waits til the person comes in for their next appointment and then arrests them. It is basically a cost-minimizer and convenience issue for the State.

I can explain why he's there: your son knew the terms of his probation----if he was not supposed to be doing drugs and he did, he goes back to jail. It was a privilege for him to be released from jail before his sentence was up and he has now lost that privilege. You can hire an attorney to try and overturn the probation officer's decision but most judges accept the recommendation of the probation officer, especially for something like a dirty drug test. He's lucky the PO let him stay out of jail for an extra 30 days.
 

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