VOP on a suspended sentence
I reside in Pasco County, Florida and my fiance is on probation after just being released from a two year drug rehab program in March with a suspended 32month sentence. He had a dirty Urinalysis in October and violated. He went on to have a clean Urinalysis in November and was taken in December 4th during his regular probation appt. He has hired an attorney, however his courtdate has not been set until January 30th, his lawyer has not spoken to him once since turning himself in, and returns none of my calls. I am 8mths pregnant and very high risk, I have dropped off two letters to his lawyers office, one from my doctor stating I am high risk and would benefit from his presence at home, one from his employment stating that he is an excellent employee and has a job waiting for him. I was also planning to submit a letter explaining how I am not permitted to work full time right now, and have been working two to four hrs a day and my parents have been paying most of my bills while he has been incarserated. As soon as he found out he had violated he checked himself into an outpatient program as to help himself. Will any of this help him to be released in time for our babys birth(house arrest, etc)? Should we expect him to be sent to prison? Our lawyer has done nothing and does not return our calls or letters however he has been paid and it is too late to hire another lawyer. Before going in his attorney seemed positive and almost certain that he would be able to resolve this with the state, is this possible? What should we expect at his first appearance on the 30th?:confused:
Re: VOP on a suspended sentence
The lawyer is his lawyer, not your lawyer, and doesn't have to return your calls. If he is not happy with his lawyer, he may wish to consider changing to a different law firm. His court date is still more than a week away - it is not "too late" to get a different lawyer if he wishes.
How he would be treated at sentencing depends upon many factors, including the laws of the state in which this occurred, his prior record, local sentencing practices, and the recommendation of his probation officer.
Re: VOP on a suspended sentence
I'm so glad someone responded. It's so good to hear from someone about this. His lawyer has already been paid and there is no money for another, that's what I meant by "too late". His original charge was burglary, but was referred to a drug rehab program instead of prison. His PO recomended serving the prison time, but since has retracted that to his lawyer and now recomends house arrest. However, seeing how she had already submitted paperwork recommending prison time, I'm not sure her retraction to the lawyer will matter at all. But things are looking up with lawyer, my father in law and I have an appt to meet with him and discuss case Wed. Thank you very much for responding, I've just felt so lost in all this as I've never had any legal problems myself.