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Probation Violation After a Failed Drug Test

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  • 12-03-2010, 12:25 PM
    caroline1104
    Probation Violation After a Failed Drug Test
    My question involves criminal law for the state of: Delaware.

    My ex boyfriend has been on probation (level 4) in DE for 3 months for 2 felonies- assault 2nd degree and reckless endangerment 1st degree. He was doing very well. However a few days ago, we broke up. He wouldn't tell me why. His friend told me he had been basically cheating on me. He still denies it and I still don't know if he's telling the truth or not. Anyway, I was REALLY upset. So much so that I basically texted him over and over pretty much harassing him and saying how mad I was.

    I really hate myself now because he told me last night that he might be going to jail. He said that after I had been sending him message after message, he was really upset and drank a bottle of codeine cough medicine. The next day, they gave him a drug test. He says he failed obviously. I don't know what to do. I feel like I am highly responsible for this. Everyone told me to leave him alone and not bother him but I was so mad. He's furious and his parents blame me for the fact he's going to jail now. Does anyone know what's going to happen? Is there any way I could talk with his probation officer and explain to her that I was harassing him and basically made him so upset that that's why he did it? Or would they just not care?

    Please someone help. I feel horrible. His original sentence added up to 11 years, if he goes to jail because of me making him upset, I'll never forgive myself :( Is there any way I can fix this? :(
  • 12-03-2010, 12:35 PM
    jk
    Re: Probation Violation- Failed Drug Test
    his actions are his responsibility. While you may have been a nag or many other derogatory terms I won't mention, he chose to do what he did. No, you talking to his PO isn't going to save his butt. He made his choices; he will have to live with his choices.

    What happens is between him, his PO, and if his PO violates him, the judge. While a PO can violate a probationer, it is up to the judge to revoke probation or not. All you can do is stay out of this unless the courts ask for your input.
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