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  1. #1

    Default Violating Yourself

    My question involves criminal law for the state of: Louisiana

    So, my brother was sentenced to probation in 2005 for 5 years (drug possession). Two years into his probation, he was busted with more drug charges (distribution and gun possession). This was 2007. Evidently, he was sentenced on the NEW charges only and nothing was said or done about the probation he was on?!? He's saying they never put on a "violation of probation" charge or address the 2005 charge that initially caused him to be on that probation in the first place.

    It's now 2 years into his sentence and people are telling him that he needs to violate himself to get them to run the probation time concurrently with the time he's doing now. Does that sound right?? And, is that possible?? He's wanting me to call his probation officer and tell her to violate him. Will that actually accomplish anything?!?

    He's saying that if it's not done, then once he completes his time for this current situation (which is supposedly 2012), THEN they'll address him violating the probation and he'll have to start over to finish more jail time for the previous issue in 2005. Is that true?? And, if the probation situation isn't fixed, does that cancel out his chances of doing any type of half-way house or work-release?

    Any advice or ACCURATE info would be great. I told him to quit listening to the jokers in jail that probably don't know what they're talking about.. lol.. but I did tell him I'd see what I could find out about it.

  2. #2
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    Default Re: Violating Yourself

    If you wish to contact his probation officer, nothing appears to be stopping you. He could probably file a habeas corpus petition on his own, were he so inclined, or contact his probation officer by letter.

    I have seen people brought up for probation violations after serving a prison term, as the courts finally get around to resolving the old charges. If I were the one in prison, I would try to get the ball rolling long before my projected release date - even if things "go well" after I got out of prison, such that I got "time served" instead of additional prison or jail time, I could still spend weeks or months in jail pending the resolution of the probation issues in other counties.

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