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Probation violation Parole, Probation

Discussion in 'Probation, Parole, Incarceration' started by vicki23, Dec 19, 2009.

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  1. vicki23

    vicki23 Law Topic Starter New Member

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    My son is currently on probation for aggravated fleeing/eluding, he got a misdemeanor charge for driving on a revoked license and did 60 days in jail for that. When he went to jail they tested him and he was positive for marijuana use so they filed a petition to revoke and he has to go to court on Dec. 29th for an arraignment. What will possibly happen to him? What do you think the outcome will be? He went to rehab and he is on the waiting list for after care, he's been attending church weekly. Do you think that will help him at all when he goes to court?
     
  2. jharris352

    jharris352 New Member

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    He is going to get revoked. Your son has some real rebellion issues and going to church weekly may help him eventually but apparantly it's a bit too little too late. He is going to learn the hard way that the system is serious about his crimes.

    You can't drive on a revoked license.

    You can't do drugs and not pay the price.

    They are serious about putting him in jail. He will probably do another 60 days or so and they will give him another chance.

    Tell him that its just going to get worse from here if he doesn't change his actions. Going to church every week and then smoking pot later is just a slap in the face to a judge. Do you think he is fooled by that?

    Good luck.
     
  3. vicki23

    vicki23 Law Topic Starter New Member

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    Thank you taking the time to answer me. I know he has got some serious issues He has been doing a lot better and seems to be really serious about cleaning his act up this time. He has been going to meetings and after care and has quit hanging around all of the people he used to.
     
  4. jharris352

    jharris352 New Member

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    I have 6 children so I am very sympathethic. Judges have seen it all. If he is serious they will be able to tell the difference between that and someone who is trying to fool them. The Judge will put just enough pressure on your son to break him of his habits. Hopefully that won't have to be a lot, but in the end if it works and he becomes a law abiding citizen it will have been worth it.

    Good luck.
     
  5. mightymoose

    mightymoose Moderator

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    Yes, it always seems that way when they get caught. Truth is he is not doing better, or else he would not be in jail.
     
  6. vicki23

    vicki23 Law Topic Starter New Member

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    For your information, he is not in jail. How do you know he is not doing better? He is doing intense outpatient right now because he was in inpatient and was successfully discharged early because he was doing so well. He is also attending meeting and not hanging with the same crowd. While, I understand he screwed up he is trying to get clean and stay clean. He knows he screwed up, but from what I learned about addiction since he was in rehab is that relapses happen and it is how he handles it that is important. I am the first one to admit he has a problem, but I will support him as long as he is in rehab and doing what he needs to be doing to make sure he stays clean. But for you to say, he isn't trying and you don't even know him is ridiculous.
     
  7. mightymoose

    mightymoose Moderator

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    Well my apologies. I regularly re-arrest people under similar circumstances who swear that they quit and are doing better. Most of them only take the classes because the court ordered them to or because they have a parent/spouse/family member pushing them... it usually isn't because they recognize a problem and want to change behavior. They get to where people trust them again and they revert to sneaky tactics to keep their behavior under the radar.
    Maybe your son is different, you are right I don't know him... but I have good reason for being so jaded. Hopefully he isn't a regular customer and the lcoal police don't have his name and birthdate memorized.
     
  8. vicki23

    vicki23 Law Topic Starter New Member

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    I understand totally what you are saying. He has been a drug addict for a few years now and I have gone through this with him. I have always been supportive of him but I have never thought he would change. However, this time, I really believe him because he is actually taking the steps to get clean and to stay clean. He has never in the past tried to beat his addiction, no matter what consequence he may be facing. I'm not so blinded that I know its not going to be easy and I am cautiously optimistic. I am not letting my guard down to much though because he has hurt me so much with his drug use. I know he can do it, but it is totally up to him if he stay clean or not, I can't do anything else for him.
     
  9. raskalnikov

    raskalnikov New Member

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    Church may matter to some Judges, others not. They mostly, uniformally, want the criminal to attend 12-step meetings.

    Your son should be getting sheets signed for every meeting he goes to. He should get 2 sponsors, who can attest to how he is doing in court .

    Good LUck. Some courts allow DAY FOR DAY when someone does inpatient, meaning, if he was inpatient for 2 weeks, they might sentence him to 2 weeks in jail but he wouldn't have to serve it, etc.
     
  10. jharris352

    jharris352 New Member

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    I'm going to spare you my rant about "rehab" and their psychobabble. Especially the line that "relapse is part of rehab." Be a bit harder on him than that. ESPECIALLY if his "addiction" is pot. If you want off of pot you just stop doing it. No one is beating you up here, but don't be soft on him. You are a Mom and you are going to be tempted to go easy on him. The time for that is over. He is on the edge of being in real serious trouble. Good luck.
     
  11. vicki23

    vicki23 Law Topic Starter New Member

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    I know I have been easy on him in the past, but I learned that is not helping him at all. I am not being easy on him anymore. I really believe that he is wanting to quit because he has made an effort in turning around his life and he has stopped hanging around all of his old "friends" because they all use. In fact, he hardly leaves the house anymore. He told me that it sucks because he can't hang around anybody anymore because everyone he knows uses. So, he's been concentrating on staying clean, working, going to church, etc. I totally have faith in him that he can be a productive citizen, but I also know that is up to him and there's nothing I can do to change his behavior.

    Thank you all for you replies, I really appreciate it.
     
  12. BayState

    BayState Moderator

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    That would be an indicator that your son isn't doing better.:(
     
  13. vicki23

    vicki23 Law Topic Starter New Member

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    He is doing better since then. He has been going to meetings, after care, staying away from people that he used to associate with. Yes, when he had the positive drug test, obviously he was not doing what he should have been doing. At the assessment, they recommended that he does out patient treatment and he is the one who thought that in patient would be the best because he was and is committed to staying clean.
     

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