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  1. #1

    Question False Violation of Probation Charge

    My question involves criminal law for the state of: Virginia
    My boyfriend got a feloney domestic assault he got 5yr suspended, was on probation, po went on leave then quit, he was not reassined a new po, want to move back home gave contact info and called to see if a po was assined yet, got a violation, exrtaidted, got 1yr pen, got out was not told to b on probation after release, when home, was informed had a 2nd violation yrs after release and called po office for more info, po office did not have any info about him or his violation, made many calls was told case was closed, few yrs later got picked up in different state and held on Feloney fugitive warrent,after 2 transfers is now waiting to find what he is faceing. He is being violated for not takeing anger class, courts did not sent him the court order for the class and could not take it without order, va. probation has droped the ball on this case every step of the way, the violation is from 2002! what is he faceing, he has witnesses that tried to call po office, and witnesses that have called themselves and was told the case was closed, can he be faceing real time for this? if so could he get the full 4yrs remaining on his original charge?

  2. #2
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    Default Re: False Violation of Probation Charge

    You really should try to follow the basic rules of spelling, grammar and punctuation.

    If the basis of the probation violation charge is that your boyfriend didn't take anger management classes, and his sentence and terms of probation do not include a requirement that he take anger management classes, then he and his lawyer should not have serious difficulty establishing that his failure to attend those classes is not a violation of his probation. If he was ordered to take anger management classes and failed to do so, he violated his probation. I'm not seeing how it would be an issue that the court didn't send him a written copy of the order if he was told of the requirement when he was sentenced in open court or by his probation officer. If he needed additional documentation for some reason, for example to take the classes in another state, he should have been proactive about obtaining it from the court.

    Broadly speaking, the maximum period of incarceration you can receive for a probation violation is whatever remaining time you have to serve on the underlying charge.

  3. #3

    Default Re: False Violation of Probation Charge

    Quote Quoting Mr. Knowitall
    View Post
    You really should try to follow the basic rules of spelling, grammar and punctuation.

    If the basis of the probation violation charge is that your boyfriend didn't take anger management classes, and his sentence and terms of probation do not include a requirement that he take anger management classes, then he and his lawyer should not have serious difficulty establishing that his failure to attend those classes is not a violation of his probation. If he was ordered to take anger management classes and failed to do so, he violated his probation. I'm not seeing how it would be an issue that the court didn't send him a written copy of the order if he was told of the requirement when he was sentenced in open court or by his probation officer. If he needed additional documentation for some reason, for example to take the classes in another state, he should have been proactive about obtaining it from the court.

    Broadly speaking, the maximum period of incarceration you can receive for a probation violation is whatever remaining time you have to serve on the underlying charge.
    Thanks thats what I was thinking and sorry for spelling and grammar I was in a hurry when typing, and they are violationg him on falure to contact his probation officer, but he was never able to find out who his P.O. was. So not sure how he can be in violation if there was no way of finding out who he needed to contact.

  4. #4
    Join Date
    May 2011
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    Illinois
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    Default Re: False Violation of Probation Charge

    He could have called the front desk of his probation office. He could have consitently contacted his P.O's immediate supervisor.

  5. #5

    Default Re: False Violation of Probation Charge

    He did but no one in the office knew who he was or where his file was!

  6. #6
    Join Date
    May 2011
    Location
    Illinois
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    Default Re: False Violation of Probation Charge

    That I find hard to believe! If he was never assigned, I could see him getting lost. But he was assigned. That should mean that he is now in the system. His name doesn't get erased when his officer leaves. He just gets reassigned. Plus, he had his court order, he knew what he should be doing in order to complete his conditions. If he had programs to complete, he should have. Your case is not closed until the judge terminates it. If someone said his case is closed, they could have meant that it was inactive because of a warrant. Nobody should tell anybody but him what is going with his case. However, it came about, I am willing to say that your boyfriend's freedom was on the line. He should not be waiting for them to get in touch with him. He should have beating down the door to get his case moving.

  7. #7
    Join Date
    Jun 2011
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    14

    Default Re: False Violation of Probation Charge

    How many letters did he write to Prob. Dept with questions re: what to do (and keep copies of)? How many times did he "report" in person to do same & ask for a report form of some type that a receptionist could date stamp (& get a copy of for hiomself)?

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