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  1. #1
    Join Date
    Oct 2009
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    5

    Default Violation of Probation

    My question involves criminal law for the state of: NJ


    I have a question about violations... My boyfriend of 2 years was sentenced to a 2 year probation sentence, but he was also told to go to a 28 day program for marijuana. Anyway, he was stupid enough to walk out and on the following week of probation, he got violated. His court date is on Tuesday. In the mean time, he managed to sign himself up for IOP intensive out patient program and he wants to remain there as long as it takes and offer this deal with the judge and possibly prolong his probation ( he is trying to avoid jail time ). Since he got violated for failure to comply with treatment, he technically on his own time signed up for a program because he was not allowed back into the in patient for a whole month. Could this be a good or bad outlook for the judge to make a decision to benefit my boyfriend? It's confusing, because I think it would look worse for him if he hadn't signed up at all, but he did. He didn't get kicked out of the inpatient he just walked out. I'm not sure what to think of this, and I hope they will not put him in jail. Anyone have any thoughts

  2. #2
    Join Date
    Oct 2009
    Location
    Illinois
    Posts
    8

    Default Re: Violation

    Technically if he isn't allowed back into the program he failed to complete a key part of his sentence. By simply signing up for another program may not cut it. There's several programs out there that are not court certified but luckily most are/can be court certified. He can probably expect a drug test and if his test comes back positive hes going to get violated for sure. Theres no way to really answer the question though basically because the courts take into account the past criminal history or violations so its a 50/50 chance at this point. If hes worried about going to jail I'd advise him to get an attorney asap.

  3. #3
    Join Date
    Oct 2009
    Posts
    5

    Default Re: Violation

    He has never gotten a violation before, the only thing is when he was a minor living in his town he got in trouble for marijuana a few times, but he was not put on probation for that. They only sent him to the 28 day program because he failed 2 urine tests. Somerset county did not send him to violation, it was merely the town he lives in that did because he got in trouble last may. However, the program he is in now has a lot of people that are court mandated in it. He didn't get a drug test when he went in to probation after the inpatient - the probation officer just violated him.

  4. #4
    Join Date
    Oct 2009
    Location
    Illinois
    Posts
    8

    Default Re: Violation

    Ok so he's been violated 3 times now for the same thing? I don't know sounds like he needs something to change his thinking and beat his addiction. Being that we don't know how old he is and if the other charges were recent. Its always possible in a case where you violate or you continue to disreguard the law that you can be sentenced to jail time, specially with disobeying a court order. In my opinion yes its good he signed up for the program on his own but if hes just going to it because he has to(most do) and still can't pass a drug test theres no point. This is only pure speculation but if everything your saying is true i highly doubt he will be sentenced to jail. But like i said its pure speculation and no one on the forum can give you any more than opinion. Like always it depends on the judge/condition/probation what sentence he will receieve for failure to comply.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Violation

    Stop wasting your time on this loser. Find a new boyfriend. If he doesn't go to jail now, it sounds like he is on his way sooner or later.

  6. #6
    Join Date
    Oct 2009
    Posts
    5

    Default Re: Violation

    No this is his first violation. he's been on probation since June. He did a couple of stupid things as a minor but he is 20 now. Like I said he did not go into probation because of a drug problem.
    I was just wondering how the judge will react if they see him in an Intensive out patient program. he has already started it. He will also argue that 28 days won't do anything to help him but staying in IOP long term will be a better thing, that way it will make sure he won't relapse after a month.

  7. #7
    Join Date
    Oct 2009
    Location
    Illinois
    Posts
    8

    Default Re: Violation

    Ok but now you got me confused. He didn't get on probation for drugs however hes had 2 other minor problems with marijuana in his town as a minor. Hes never been violated before this but tested positive 2 seperate times and was violated because he walked out of the treatment is this correct.
    I'll say this again its probably good that he went back to get treatment but if your ordered to do something by the court and your walk away its pretty much a strike for the offender. It is now his job to convince the judge that he will continue to due the right thing and continue with his treatment. A sentence is not something that you have a say in normally, judges never take it kindly when people disobey them. He may be ok staying in this treatment and without anything major they might dismiss the violation but with the next relapse/drug screen he's more than likely not going to get off easy. Once again just my opinion, let us know what happens after the violation hearing.

  8. #8
    Join Date
    Oct 2009
    Posts
    5

    Default Re: Violation

    Sorry if I confused you. He is 20 right now. Back in may, the judge reviewed his past as a minor and put him on probation under a different charge for 2 years. His probation officer recommended he go into a 28 day program to help 2 other court dates that were coming up. So, since he walked out he has to go to court for his violation. He got tested twice when he first got into probation but he still had marijuana in his system so they didn't violate him for that, the probation officer just recommended he get into a program. He has a job now which I know the courts like to see or will try and make a better judgment on it, and he is in this program as well. So I hope the situation does not have a negative turn out for him.

  9. #9
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Violation

    Anyone that has repeatedly violated probation for dropping dirty has a drug problem.

  10. #10
    Join Date
    Oct 2009
    Posts
    5

    Default Re: Violation

    Quote Quoting cyjeff
    View Post
    Anyone that has repeatedly violated probation for dropping dirty has a drug problem.
    He has only had 1 violation.... he is clean now since everything happened, it's been a good few weeks.

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