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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27620
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My fiancé is sick due to taking a sex stimulant and needs to

Customer Question

my fiancé is sick due to taking a sex stimulant and needs to attend the hospital if he goes and misses his weekend of work release will he go to jail/ or is a violation
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

He should call his probation officer if he can, because it's usually better to let them know in advance that he won't be showing up. If they're expecting to see him and he's not there, they will issue a warrant because they won't know why he didn't appear. Then he'd have to go in and try to get the warrant recalled, on top of explaining why he missed the work program. With that said, being in the hospital is usually a valid excuse for missing a day, as long as he has records showing that he was there and he reports as soon as he is physically able to do so (if he's better over the weekend). That's because, if he's in the hospital, he didn't intentionally miss the work program.

Note, though, that if he did not have a prescription for the stimulant he took, it's possible they would violate him for that reason. It depends on the specific terms of his probation, what he took, and whether it was prescribed for him.