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About how much time is my husband looking at? Parole, Probation

Discussion in 'Probation, Parole, Incarceration' started by Briliz0730, Jun 12, 2016.

  1. Briliz0730

    Briliz0730 Law Topic Starter New Member

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    Hello,
    My husband was picked up on a warrant last week for a probation violation. His max date was October 31, 2015. He was not picked up on a new charge and has stayed out of trouble. His original charges were possession of a controlled substance and paraphernalia. He was sentenced in October 2014. In December 2014, he got caught with drugs again, but was not charged at the time. He was supposed to see his PO in August of 2015, when, what do you know? The charges from December come in the mail. We got married at the end of July and he was giving clean urines. He was truly really scared of going to jail. He has never been there before. My question is, considering that he doesn't have a record and he wasn't picked up on a new charge, what are the chances he will spend a lot of time in jail? Original sentence was 1 year probation. He is 39 and has a pacemaker/defibrillator as well as other health problems. Please help. Thank you, Elizabeth
     
    Last edited: Jun 12, 2016
  2. adjusterjack

    adjusterjack Super Moderator

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    Worst case scenario: he serves out his sentence in jail.

    A good lawyer might avoid that.

    Get one. If you don't have the money he can get a public defender since he's looking at jail time.
     
  3. Briliz0730

    Briliz0730 Law Topic Starter New Member

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    Do you mean the last two months of his probation? Or can they re-sentence him to the original year probation? I appreciate the help. Thank you
     
  4. adjusterjack

    adjusterjack Super Moderator

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    My guess is that he would ordinarily serve the remaining two months. However, there are the new charges thrown into the mix. Doesn't matter that he wasn't "picked up" he's still being charged and that could add time to the original sentence. The court might be reluctant to give him probation on the second charge since he violated probation on the first charge.
     
  5. Briliz0730

    Briliz0730 Law Topic Starter New Member

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    Ok. Thanks for your help. I just wanted someone to give me some insight about what he may be facing. I am having a really difficult time without him. I'm sure he's having a harder time. We were inseparable before. Anyhow, Thanks again
     
  6. army judge

    army judge Super Moderator

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    You can visit his physician, or write him and suggest he send a letter to his physician asking the physician to contact his attorney.

    Better yet, he can ask his attorney if a letter from his physician detailing his many serious health issues could help him at sentencing?

    If the physician agrees to write such a letter, in many cases judges will lessen the prison time, or sentence him to probation so as not to further harm his health.

    However, he has to stop abusing illegal drugs, because that activity is far more harmful to his health than prison.
     
  7. Briliz0730

    Briliz0730 Law Topic Starter New Member

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    Thank you. I will take your advice on this. I'm doing everything I can to lessen his time and get him home.
     

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