Never Satisfied Probation, Want To Fix

**mommyslittlemonster** · 05-21-2008, 12:13 PM

My question involves criminal law for the state of: Colorado.

My husband got kicked out of a bar and arrested in 2002 and ended up being convicted of 3rd degree assault. The judge released him without charging bail or jail time and he was ordered to take anger managment classes. Well he had only been in the country for a couple years and being from Brazil, didn't know english very well. He was even told by his translator to just plead guilty and they'd let him go.. which they did. But... once he went in to talk to his counselor or PO i guess... the guy started asking him all these questions about his status here and told him he was going to report his case to INS.. so because he was scared he left the state and moved to Missouri... where he's been living for the last 6 years. I met and married him and we have a baby. We already have an immigration lawyer retained and she's going to get us a criminal lawyer in her network so we can get this matter all straightened out for when we do the paperwork for his green card.My question is.. what is the likelihood that the criminal defense lawyer will be able to keep him from jail time and get his probation transferred here to Missouri? Thanks.

**cyjeff** · 05-21-2008, 12:51 PM

Did he ever take the anger management classes?

Typically, the court is not crazy about letting a person that ignored their probation for six years out of their jurisdiction.

There is a chance that his probation has been revoked. In that case, the original sentence for the crime would stand.

**mommyslittlemonster** · 05-21-2008, 01:21 PM

No, he never took the classes. What do you mean by original sentence? The only sentence was to take anger managment classes......He did no jail time. If he did not have counsel from an attorney but instead a spanish speaking translator (he speaks portuguese) to tell him to plead guilty... couldn't the lawyer get the warrant quashed and ask to redo the trial? We just can't afford for the jail time so I was wondering if there may be other options besides jail.... All he did was get into an argument at a bar.. got kicked out, and called the police himself because he left his wallet inside and needed them to go in and get it for him. When they came back out they arrested him for assault.... so the charges weren't even that serious to begin with.... Do you think this case has hope or should we just not even try?

**Happy Trails** · 05-21-2008, 01:39 PM

It was a misdemeanor and a jail sentence could have been imposed. The fact that he received probation instead and then didn't follow through with it, certainly wasn't wise.

You need to follow the advice of your attorney and try and resolve these problems. It is not like it is going to go away without dealing with it.