VOP please help

[sadinFL]

Last November my boyfriend was charged with assault with a deadly weapon without intent to kill. A dog attacked him and almost ripped off his nose. He punched the dog to get it off him, the owner saw that and attacked my boyfriend who pulled a knife on him but did not use it. March 2018 he was given 3 years probation with possible early release after a year and a half, had to go to AA and get frequent psych evals. He had been doing well but failed his last drug test after his mom gave him a valium. He and his brother tend to fight a lot and she wanted to calm him down. He was arrested today on VOP. He has court tomorrow. I haven't spoken to him so I don't know if the failed drug test is why he was arrested or not. It happened a week or two ago and he said there was a warrant out until he went back to retake the test and sign some papers. Can anyone tell me what the chances are he WONT be sent to prison? Is there any chance he will get out and not have to go to prison for years?
This happened in Green Cove Springs Florida

 

[FlyingRon]

Crystal ball is hazy. It would depend on whether he (or his lawyer, which he very much needs) can make a good case that he should be allowed to continue on probation despite his failure to be able to comply with the law and the terms of his probations. I can almost guarantee he's blown the chance for an early release. He'd be lucky not to go to jail.

 

[sadinFL]

He had a great lawyer but it took all the money his family had to retainer her for the original trial. I doubt he will be able to afford her again.

 

[quincy]

Last November my boyfriend was charged with assault with a deadly weapon without intent to kill. A dog attacked him and almost ripped off his nose. He punched the dog to get it off him, the owner saw that and attacked my boyfriend who pulled a knife on him but did not use it. March 2018 he was given 3 years probation with possible early release after a year and a half, had to go to AA and get frequent psych evals. He had been doing well but failed his last drug test after his mom gave him a valium. He and his brother tend to fight a lot and she wanted to calm him down. He was arrested today on VOP. He has court tomorrow. I haven't spoken to him so I don't know if the failed drug test is why he was arrested or not. It happened a week or two ago and he said there was a warrant out until he went back to retake the test and sign some papers. Can anyone tell me what the chances are he WONT be sent to prison? Is there any chance he will get out and not have to go to prison for years?
This happened in Green Cove Springs Florida

I agree with FlyingRon. Whether probation will be revoked and the original sentence imposed depends on several factors.

Your boyfriend violated his probation shortly after his probationary period started, which is not a positive. If the violation was one failed drug test (and nothing else), however, there is a good chance that he can avoid jail.

But, yes, I agree with FlyingRon again. Early release seems highly doubtful.

If you and his family can help him with the cost of an attorney, your boyfriend would benefit from having one.

 

[jimnyc]

March 2018 he was given 3 years probation with possible early release after a year and a half, had to go to AA and get frequent psych evals. He had been doing well but failed his last drug test after his mom gave him a valium.

It happened a week or two ago and he said there was a warrant out until he went back to retake the test and sign some papers.

Is the March "2018" correct? You say he was doing well - but if dates correct, and taking out the extra week or two, was he only on probation for approximately 6 weeks prior to this happening?

 

[sadinFL]

Yes. The dates are right. It was early March but still. I get it. You would have to understand how difficult the last year had been for him to understand how he could be doing so well in such a short amount of time. He had been having a really hard time finding a job first because he had an open case for 5 months (he had lost his job when he got arrested) and then with a felony conviction it really got worse. He finally found someone who took a chance on him. He was doing better mentally and emotionally as well. Things were calling down and looking up. He isn't a bad guy. Just tried to protect himself from a dog that attacked him and then the dog's owner. He was going to go after the guy because his dog attacked him but he put the dog down and was shortly after arrested himself for being high at work. A school teacher. Anyway, he made some bad choices. He was intoxicated when it happened. And he has a pretty hot temper sometimes. But he was working hard at getting his life together and doing better.

 

[quincy]

The March date can work either way for the boyfriend. The very early violation of the terms of probation potentially could be excused as a new probationer's confusion over what he could and could not do.

 

[sadinFL]

Well..let's hope. His inmate information says his court date is today but nothing has been updated since last night. But I looked at a bunch.ch of VOP offenders on the inmate info for that jail and they ALL got jail time. Anywhere from 1-7 months.

 

[not2cleverRed]

I'm curious. Did he know he was taking Valium, or did his mother drug him? (Not that it makes a difference, I suspect.)

At the very least, he shouldn't associate with his mother after this. At least, not if he likes staying out of jail.

 

[quincy]

Well..let's hope. His inmate information says his court date is today but nothing has been updated since last night. But I looked at a bunch.ch of VOP offenders on the inmate info for that jail and they ALL got jail time. Anywhere from 1-7 months.

I guess he will learn his fate soon enough.

 

[sadinFL]

I'm curious. Did he know he was taking Valium, or did his mother drug him? (Not that it makes a difference, I suspect.)

At the very least, he shouldn't associate with his mother after this. At least, not if he likes staying out of jail.

that's my question too. Although I believe he knew that she was giving it to him. Which makes me wonder why since she knew that he's on probation and has to take drug tests and everything why she thought that it would be a good idea to give him that. But he and his brother fight a lot and it's been ongoing now for weeks because his brother beat up his wife and my boyfriend is absolutely against any kind of violence against women and the brother now likes to go out to Mom's house and try to start stuff with her and my boyfriend is really not going to let that happen. So he goes out there and the situation just gets even worse. So I think Mom thought she was going to diffuse the situation by giving that to him to calm him down but unfortunately if this is the reason why he was arrested which I still don't even know then clearly just made things a whole lot worse.

 

[quincy]

His mother certainly did not do him any favor by giving him Valium.

 

[sadinFL]

His mother certainly did not do him any favor by giving him Valium.

true. But he is an adult and if he knew she gave it to him he had no business taking it. He has had some drug problems in the past but he quit doing everything but he was drinking a lot. Which is why he was drunk when this happened and why they sentenced him to AA classes. so I know he needs help with that and maybe they think putting him in jail is going to help him with that but I can't stand the thought of him being in jail. Plus he has a young teenage daughter and that was his main goal for staying out of jail was he didn't want to miss any time with her. so it's all really sad and confusing and I'm not used to any of this kind of stuff. I've never had legal troubles And I don't know anybody else he's been to jail. plenty of friends and family who have been drug addicts and alcoholics but I've never had to deal with jail and court at things like that. Not outside of divorce things like that.

 

[quincy]

true. But he is an adult and if he knew she gave it to him he had no business taking it. He has had some drug problems in the past but he quit doing everything but he was drinking a lot. Which is why he was drunk when this happened and why they sentenced him to AA classes. so I know he needs help with that and maybe they think putting him in jail is going to help him with that but I can't stand the thought of him being in jail. Plus he has a young teenage daughter and that was his main goal for staying out of jail was he didn't want to miss any time with her. so it's all really sad and confusing and I'm not used to any of this kind of stuff. I've never had legal troubles And I don't know anybody else he's been to jail. plenty of friends and family who have been drug addicts and alcoholics but I've never had to deal with jail and court at things like that. Not outside of divorce things like that.

He might benefit from jail.

Again, he will learn soon enough what the result will be of his probation violation.

 

[commentator]

Quote: "so it's all really sad and confusing and I'm not used to any of this kind of stuff."

The voice of experience here tells you, if you do not want to get VERY used to this sort of stuff, get rid of this boyfriend from your life, no matter how good he looks and talks and acts, and how you think you really really can fix this with your help and your love and good management of his life. Don't have any children with him, okay?

This poor boy has got a serious addiction problem, and you will learn all about this in a few years if you hang around. And you'll be coming on sites like this and telling people like yourself to RUN, though they probably will not listen. In AA they say, jails, institutions and death are the inevitable outcome of an addiction such as your poor boyfriend has. If he can't deal with it, offers a hundred and three bad sad reasons why he has been forced by life to do these things he does, including a momma who gives him v's while he's on probation, you will have a long hard life of learning about it, you'll end up with an attorney on speed dial, and a great familiarity with the local jails. P.S. "quit doing everything" but not quit drinking alcohol means he hasn't quit being an addict. And addicts and alcoholics go to jail. It is inevitable. You may want to drop into a local Al-Anon meeting before you get too involved, and listen to people who've been dealing with this sort of life for forty years or more. Please run away.