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Roger
Roger, Lawyer
Category: Criminal Law
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My son is on probation in the state of

Customer Question

My son is on probation in the state of Wisconsin for a period of 90 days for the intent to sell marijuana. Restricted to working, and going home in lieu of going to jail and wearing a monitor devise on his ankle. He was not to smoke marijuana or drink alcohol. Today he was caught at work smoking marijuana, was arrested and brought to jail. He was also fired from his job due to his actions. He was 30 days into his probation. We put a call into his probation officer, but received a voice message that she was on vacation with a secondary number where the office was closed. What can we expect to happen from here? Thank-you for a prompt reply.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Roger replied 6 years ago.

If your son violated the terms of his probation, which using drugs certainly is, the court has the right to revoke his intense supervision (house arrest) and send him to jail for the full term of his original sentence. This is not always the case, and much depends on the recommendation of the probation officer. If this is his first conviction and first problem during probation, he may be given leniency. Nevertheless, count out the possibility that your son may be sentenced to serve the original term of plea bargain.

Please feel free to ask any follow-ups.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26106
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 10 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Adam Kirk's Post: Would my son be entitled to legal council at any time? The sentence was given out in Manitowac County in Wisconsin with a transfer of "Huber" the monitoring devise to Outagamie County because of his job and residence being in Outagamie County. He was brought to Outagamie County Jail today but now they want to transfer my son to the Manitowac jail without any conversation with the probation officer. Yes, this is his first problem during probation and I want to be sure my son is treated properly.
Expert:  Roger replied 6 years ago.
Yor son has the right to counsel. I assume he had an attorney for the initial arraignment and subsequent pleading procedures. You should be able to meet with the same attorney. He will be sent back to Manitowac County for the probation violation hearing. If he is sentenced to serve time in jail, he should be able to serve it in your hometown instead of another county. To ensure your son is treated fairly, I urge you to get his attorney involved ASAP.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26106
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 10 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for your advise. I have a phone conference scheduled for tomorrow morning with our attorney. My son is in Manatowac County jail and was told this needed to be for 60 days by the Outagamie Sheriff. The probation officer recommended 30 days....so I will attempt to have my attorney get a reduced sentence for my sone.
Appreciate your service.
Expert:  Roger replied 6 years ago.
Good Luck. I wish you and your son the best.

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