My question involves criminal law for the state of: Nebraska
My boyfriend was on probation for two years. A month before he was released from probation, he received a DUI which violated his probation. This was May of 2010. Since then he has successfully completed Alcohol treatment. He has also been wearing a SCRAM (alcohol monitor) on his ankle, passed every UA that has been given to him, and attended AA meetings and met with the probation officer every week. He has maintained employment and has been paying his fines.
The last 11 months we have been jacked around by the court system in the county he was arrested in for the ORIGINAL charge he was first on probation for. They have been "trying" to get him in the Drug Court program instead of doing jail time. They have continued several of the court processes. His sentencing date has been continued 8 times, his "public pretender" took 3 months to get back to him, and gave him the outline for Drug Court 30 minutes before he was supposed to make a decision. There have also been three occasions when the court changed his court date and failed to notify him. No letter. No call from the lawyer. We have drove 50+ miles THREE different times just to show up and learn that the date has changed. He has had to miss work for these also.
I would like to know exactly what his rights are in this matter. He has been doing EVERYTHING that he has been required to do, while the courts seem to not be doing their part. He has been rehabilitated, which in my studying of the Criminal Justice System, is the whole point of probation and the things he has been doing. His options are jail or Drug Court according to his lawyer. In my opinion his case needs to be dropped for failure of the justice system, or just have his probation extended since he has more than proven himself to be a good candidate over the last 11 months.
PLEASE PLEASE PLEASE help us!!! We are very unhappy with the justice system!

