False scram violation

[Wenjo48]

Jurisdiction

Michigan

My boy friend has been on the Scram Tether for 3 yrs with no alcohol violations with one month until probation is over, PO called him in on February 3rd with a so called alcohol violation (false) at this point he started to spit in a baggie each night to protect himself then again on Tuesday the 7th with yet another and arrested him and they wouldn't even test spit. I have been with him for 8 months and never saw him drink anything other than poo or coffee and when ever offered alcohol he said he does not drink, he lives next to 2 sisters and his mother and is around people probably at least 18 hrs a day and non of us have ever seen him drink. Can you help us???

 

[KatDini]

Help you what?

 

[army judge]

I have been with him for 8 months and never saw him drink anything other than poo or coffee and when ever offered alcohol he said he does not drink, he lives next to 2 sisters and his mother and is around people probably at least 18 hrs a day and non of us have ever seen him drink. Can you help us???

Did you mean it when you said, "never saw him drink anything other than poo or coffee and when ever offered alcohol he said he does not drink"?

Did he actually liquefy and drink "poo"?

He can obtain help by asking the court to appoint a lawyer to represent him at his revocation hearing.

That's the ONLY free help available to him, if he qualifies.

You and his family can chip in to hire him a lawyer, otherwise.

As far as "spitting in a baggy", that isn't usable as evidence that he avoided alcohol.

The state will argue he spat in the bag each time before he consumed alcohol. plus there's no chain of custody as to when the spittle was placed in the baggie.

His lawyer will further advise him as to his options.

I wouldn't hitch my hopes on the "false positive" claim, those days are over.

SCRAM devices these days perform very well.

 

[Wenjo48]

Pop was what I meant. What are the chances of them giving him his original sentence with o my having a month left of his probation left

 

[army judge]

Pop was what I meant. What are the chances of them giving him his original sentence with o my having a month left of his probation left

I never handicap what a court will do.
Legally anything and everything will be on the table, including revocation and remand, if the judge is convinced he violated the terms of probation.
It all depends what position the probation office takes on the matter.
In the majority of cases, probationers are brought before the court to make sure they obey all rules.
In your friend's case, that may be in store for him.
However, judges like honesty, contrition, and willingness to change.
If he expresses remorse, admits to what he did, is truthful; he could simply get a warning.

 

[Wenjo48]

I never handicap what a court will do.
Legally anything and everything will be on the table, including revocation and remand, if the judge is convinced he violated the terms of probation.
It all depends what position the probation office takes on the matter.
In the majority of cases, probationers are brought before the court to make sure they obey all rules.
In your friend's case, that may be in store for him.
However, judges like honesty, contrition, and willingness to change.
If he expresses remorse, admits to what he did, is truthful; he could simply get a warning.

Thank you for your time

 

[leslie82]

Did you mean it when you said, "never saw him drink anything other than poo or coffee and when ever offered alcohol he said he does not drink"?

Did he actually liquefy and drink "poo"?

He can obtain help by asking the court to appoint a lawyer to represent him at his revocation hearing.

That's the ONLY free help available to him, if he qualifies.

You and his family can chip in to hire him a lawyer, otherwise.

As far as "spitting in a baggy", that isn't usable as evidence that he avoided alcohol.

The state will argue he spat in the bag each time before he consumed alcohol. plus there's no chain of custody as to when the spittle was placed in the baggie.

His lawyer will further advise him as to his options.

I wouldn't hitch my hopes on the "false positive" claim, those days are over.

SCRAM devices these days perform very well.

I had the same thought when I saw "poo."

 

[leslie82]

Pop was what I meant. What are the chances of them giving him his original sentence with o my having a month left of his probation left

Just because you never saw him drink doesn't mean he couldn't have snuck a drink somewhere. Addicts are very sneaky. (Yes alcoholics are addicts too).