Go directly to jail...do not pass go?

[irishhope81]

A freind of mine has been on probation since march of '08. after serving the minimum jail sentence and doing house arrest and electronic monitoring, he has to check in to his probation officer once a week, which he has done...

Part of his stipulations is not to enter any establishment that primarily serves alcohol, even though he is employed by a beer distributor. He was caught at a bar back in october, was had no alcohol in his system. He was then spotted by his off-duty probation officer three months later exiting a restaurant/bar. After the first incident, his P.O. gave him a warning, saying that if he was caught again he would be in trouble. This time the P.O. simply told him "I'll see you on Monday", which is tomorrow.

What's going to happen to him? Is he going to be taken off to prison? What if he had no knowledge that the establishment he was just spotted exiting "primarily" served alcohol and he just simply had a meal there? I'm worried about what might happen to him?

 

[raskalnikov]

It depends mostly on the whims of the probation officer. They may think he isn't taking his probation seriously enough to be spotted twice in the viscinity of alcohol by his P.O. I mean, what are the odds? One logically will deduce he's been in bars a lot more often then that. . .

If I were the P.O. I'd violate him, and let the Judge figure out what to do. A lot of weekends in jail, if he works weekdays, combined with community service. A lot of probation orders demand the person not enter ANY establishment that SERVES alcohol, they don't play around with majority of sales being from alcohol vs. food, etc.

But, he may get off. I'm aware of many instances where people who deserve jail time, like your friend, get off. People that absolutely do not get nailed because the Judge had a lousy week-end.

 

[irishhope81]

Ok, but what is going to happen when he goes to see his P.O. tomorrow? Do they arrest him and take him to jail and await a trial? Or does the P.O. need to file paperwork and then have a court date scheduled?

 

[raskalnikov]

Again, it varies. Part of the punishment is the anxiety. The PO can have him arrested right there, at the spot. The PO can have him see the Judge immediately. I'm sorry, I wish I could give you a 100% answer.

My guess is that if the Judge is working tommorow, your friend will see the Judge. . .