• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Probation Violation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mckenzie08242

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

Okay this past week my fiance was in the car with his cousin when they got stopped by the police and my boyfriend got arrested for having a outstanding warrant in another county, he has not been paying his probation. so they arrested him and sent him to that county and i have contacted his probation officer to see if I could bring the money to her and the maybe let him out atleast until they have a set court date. But the woman is very rude and want tell me anything other than she has to talk to him herself, which i dont see why she hasnt yet!!!! I am also 9 months pregnant and trying to get him out before our son is born. Someone please help me i dont know what to do, i am already an emotional wreck and becoming depressed i miss him so much.
If this helps... he has been arrested before for possesion of cocaine *the reason he is on probation now* but this is his first time violating that...What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
She's under no obligation to you at all. Your fiance violated is probation. If he didn't have the money and was upfront with his PO, he probably wouldn't be in jail at all, let alone cooling his rear waiting for a pissed off PO to come talk to him.
 

ImBeingSued

Junior Member
I am sorry to tell you this but not much can be done to get your boyfriend out of jail or even provide any assistance for that matter. I have a bit of experience dealing with parole and probation, both as a felon and having a family member who is also a felon. I don't live in Georgia but i am sure your parole-probation laws are very similar to mine. I can offer you some advice, but i am 99% sure it wont do you any good.

One suggestion i can give is to see if there is any alternatives to jail such as a restitution center or house arrest. However, any alternatives would have to be approved by the probation officer, the parole and probation board or in some cases, a judge (i don't believe this applies in your case). I see two major problems with this suggestion, thus, you are not likely to achieve anything. The biggest problem i see is that one can only do house arrest or other alternatives if they are serving a sanction or a sentence (Assuming your state and my state follow similar guidelines in these matters). Secondly, he would need to have a residence in the same county as he is on probation in (i am assuming he lives in a different county then where he is on probation in). Another major problem with him being released is it looks (as far as the law is concerned) as if he knew he had a violation, failed comply, and has made no effort to resolve this matter, therefore he is considered a high risk.
I have heard of situations (I have no experience as far as this goes, it is likely a rumor and should be considered invalid) where a person is dependent on the person in jail, requiring their temporary release. However, this seems farfetched in my opinion as there are other means of assistance for people who are not capable of taking care of themselves. Furthermore, it would still require approval by the PO, the PP board, or a judge.
Your best bet would be to write a certified and registered letter to the state board of parole and probation explaining your situation, however, it is unlikely you will accomplish anything and if you do, it will likely take a while. If you do decide to write a letter, it is important that you do not make your boyfriend out to be a victim in any way. Also, do not make any opinionated (or factual) judgments towards the PO as it will surely effect their decision. If you decide to go this route, make it known that your boyfriend knows he messed up and is not trying to avoid the consequences. Make it known he is needed (not wanted) before and after the pregnancy for both physical and emotional support, has an obligation to his family (as well as an obligation to comply with probation and face his consequences should he violate), but also try not to pity yourself too much. Also, do not say anything about him missing the birth other then you needing him for support as they will look at it as a consequence greater than any sanction they could ever order. If you are lucky (i mean really lucky) the board members may be sympathetic and may show an ounce of heart. But, don't get your hopes up.
I honestly understand your pain and frustration. I am sorry I can’t provide any decent solutions; I hope things work out for you. I know it’s easier said than done, but try not to stress too much on this, it’s the last thing you need in your condition. It is completely out of your control, and in time he will be out.
Unfortunately, probation is not used as a method of rehabilitation as many people believe. It is an alternative method to generate income for as long as possible without filling the jails and prisons with petty offenders. Sure, there are some who are devoted to their jobs, however, not nearly enough to be consistent and successful on a large scale. I know I will have a lot of people who will disagree with me on this one, but until they have experienced the offender’s side of the table, I don’t believe you can truly understand the hardships associated with being in the system. I will also be the first to admit my thoughts are biased and opinionated due to my experiences. Once you are in the system, it can be difficult to get out, even if you comply with your terms of probation.

If he didn't have the money and was upfront with his PO, he probably wouldn't be in jail at all, let alone cooling his rear waiting for a pissed off PO to come talk to him
Not true, it depends 100% on your PO. Some PO's are decent people who honestly believe they are rehabilitating their clients while providing public safety. Unfortunately, on the other hand, some are very cold-hearted and end up causing greater harm than good. The rest fall somewhere in the middle, or don’t care anymore, it’s just a job. I have seen people serve no sanctions while continuously violating their conditions and I have seen people serve a revoke their first sanction. I have seen people be violated when the truly have not, I have seen people be violated while serving a sanction for failure to make supervision fees. I have seen people come and go ten times while serving a 6 month revoke for my first violation. However, I would have to agree that being upfront may be beneficial and may avoid future violations. And, if it does not, it can’t hurt to try.
 

cctampa

Junior Member
Even if you do have the money, the probation officer can't release him- your spouse will still have to stay in jail until he is scheduled before the judge. The judge will decide the outcome of the violation, and if he is allowed out of jail- not the probation officer. The only advice I can give you is to find out when his court date will be and attend that. If you know what county he was transferred to you can look up the Judicial court dockets online which will give you information about his case and any upcoming schedulings.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top