What is the name of your state (only U.S. law)? Southern California
Hello everyone this might be a little long but please bare with me I hope someone can help me out. My boyfriend is on probation with 4 year joint suspension which means if he gets into any kind of trouble even the tiniest little thing he will get 4 years no questions asked. So for over a year now he's been doing good complying with what the probation asks of him working and going to school at night he's learned his lesson and changed his life for the better. But back in August he was borrowing his moms van because his car was gonna be in the shop for a few days. One night I asked him if he could go do me a favor but on the way there he got stopped and when the cop found out he was on probation he searched the van. Way in the back of the van under the spare tire the cop found a box and in the box was a machine gun. We later found out the gun belonged to his little brother and he's the one who put it there. So back to the story they took my boyfriend in but we bailed him out, When We went to his court date we couldn't find his name on any of the papers that say which court room to go to so we went to the clerk to ask why and while we were waiting in line a police officer that was involved in the case I'm assuming came up to my boyfriend and told him he can go home and they will notify him when and if they file a case.
We went home and on with our business and two months later he received a letter in the mail saying that they filed a case and that he had a court date. On the day of court they took him in and gave him another court date at which he explained to the public defender that he's not guilty and wants to hold off on the probation violation sentence if possible because he wants to take the case to trial since his little brother agreed to admit the gun was his and my boyfriend had no knowledge of the gun in the car. The public defender either didn't want to help him or he didn't know how to because he didn't mention a thing my boyfriend spoke to him about to the judge. So they went on and gave him another court date. On that day he spoke to another public defender they assigned to him for that day about his case and told him he was not guilty but the public defender told him to plead guilty to the charge and take the time. He ended up pleading not guilty since he was guilty to begin with and they sentenced him to the 4 years anyway and gave him another court date to take the case of the gun charge to trial. At each court date he was never allowed to speak up for himself and the public defenders he had failed do anything to help him even though he explained his case. I know they must hear the story that the person is innocent everyday but by law the person is innocent till proven guilty and I just don't feel like he was treated fairly.
My question is how can they violate him if they haven't proven that he even violated his
probation yet? Also If they do find him not guilty will they take the 4 years back and
reinstate his probation? I'm sorry that this is so long but I hope I explained everything
correctly so maybe someone can help me.
Thanks In Advance
Hello everyone this might be a little long but please bare with me I hope someone can help me out. My boyfriend is on probation with 4 year joint suspension which means if he gets into any kind of trouble even the tiniest little thing he will get 4 years no questions asked. So for over a year now he's been doing good complying with what the probation asks of him working and going to school at night he's learned his lesson and changed his life for the better. But back in August he was borrowing his moms van because his car was gonna be in the shop for a few days. One night I asked him if he could go do me a favor but on the way there he got stopped and when the cop found out he was on probation he searched the van. Way in the back of the van under the spare tire the cop found a box and in the box was a machine gun. We later found out the gun belonged to his little brother and he's the one who put it there. So back to the story they took my boyfriend in but we bailed him out, When We went to his court date we couldn't find his name on any of the papers that say which court room to go to so we went to the clerk to ask why and while we were waiting in line a police officer that was involved in the case I'm assuming came up to my boyfriend and told him he can go home and they will notify him when and if they file a case.
We went home and on with our business and two months later he received a letter in the mail saying that they filed a case and that he had a court date. On the day of court they took him in and gave him another court date at which he explained to the public defender that he's not guilty and wants to hold off on the probation violation sentence if possible because he wants to take the case to trial since his little brother agreed to admit the gun was his and my boyfriend had no knowledge of the gun in the car. The public defender either didn't want to help him or he didn't know how to because he didn't mention a thing my boyfriend spoke to him about to the judge. So they went on and gave him another court date. On that day he spoke to another public defender they assigned to him for that day about his case and told him he was not guilty but the public defender told him to plead guilty to the charge and take the time. He ended up pleading not guilty since he was guilty to begin with and they sentenced him to the 4 years anyway and gave him another court date to take the case of the gun charge to trial. At each court date he was never allowed to speak up for himself and the public defenders he had failed do anything to help him even though he explained his case. I know they must hear the story that the person is innocent everyday but by law the person is innocent till proven guilty and I just don't feel like he was treated fairly.
My question is how can they violate him if they haven't proven that he even violated his
probation yet? Also If they do find him not guilty will they take the 4 years back and
reinstate his probation? I'm sorry that this is so long but I hope I explained everything
correctly so maybe someone can help me.
Thanks In Advance