In jail, but time doesnt count?

What is the name of your state (only U.S. law)? 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...

triplicate post

And your point is? Can you offer adivce? I post it in different topics, hoping someone would have answers, but I guess you have none...so again I ask your point for your response?

cjohnson1982 said:

And your point is? Can you offer adivce? I post it in different topics, hoping someone would have answers, but I guess you have none...so again I ask your point for your response?

Click to expand...

Because it is bad netiquette and rude to post the same question in multiple topics. It lessens the hope of getting accurate answers to your questions.

BTW, you have accurate answers in the thread that people responded to. I'm a probation officer, and I agree that he's where he is because he won't follow rules.

Now, delete the two extra threads, then go back to the thread that people are answering.

When your probation is modified to include jail time/boot camp/whatever, that time is a condition of your probation, it is not an imposition of your sentence. So the time doesn't count toward whatever time you may later receive if revoked. That is the price of modification, the reward is being given another chance to avoid a felony conviction. As for the wait, its not always possible to predict how long it will take before a spot opens up in the program. Many programs also require certain evaluations be done after the modification plea, and that can affect the timeline also. All you can really do is call his probation officer and make sure everything has been done on their end for the transfer, and than contact the facility where he is going and make sure they have him on the waiting list.

You need to be more specific though about exactly where he is going, because that makes a huge difference. If he has been modified to a facility that is defined as a residential treatment program, than he may get credit for the time he spends there if he is later revoked.

I have seen people serve totals of 3 or 4 years on a state jail offense once all the county jail time was added in to the prison time. If you've done the crime and don't think you can complete probation, sometimes its better to just get your state jail time over with.