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  1. #1
    Join Date
    May 2008
    Posts
    1

    Unhappy Probation Violations

    My question involves criminal law for the state of: ohio

    My boyfriend recieved felony theft from using a credit card in his name from his uncles company after leaving. long story.

    He was put on probation. I later recieved misdemenor from being at a fight but not fighting. on top of that he did not see his p.o twice and missed payments. That extended his probation a year.

    This january he failed a urine test for weed. They ordered him to go to classes. He just failed another test for trace cocaine. We think it is a false positive.

    He has been in jail for a week. He had two months left of probation and only 1,000 left on restitution out of 8,000. He works two jobs.

    The lawyers we talked to said he should just get a public defender.

    My questions are..

    Do you think the public defender would be the same as a regular lawyer?

    What do you think the punishment will be if the judge takes into account that he needs to work to pay off his original offense, his employers need him to work and have letters prepared, the offenses are minor and the original offense was not a drug charge?

    Also, should he argue that it was a false positive or just say he has a
    problem?

    Sorry so long, just clueless and no one is helping

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Probation Violations

    Do you think the public defender would be the same as a regular lawyer?
    A public defender IS a regular lawyer. He had to go to law school and sit for the Bar just like every other lawyer.

    The difference is that he's being paid a pittance by the State to defend the accused instead of collecting fat fees privately.

    What do you think the punishment will be if the judge takes into account that he needs to work to pay off his original offense, his employers need him to work and have letters prepared, the offenses are minor and the original offense was not a drug charge?
    Unknown. Judges generally don't look at the need to have a job in order to make restitution when it comes to sentencing a habitual offender.

    This is an issue to discuss with the PD.

    Also, should he argue that it was a false positive or just say he has a problem?
    Was he using? It's not likely to be a false positive if he's doing lines. He needs rehab.

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