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My son is 20 years old and violated his probation, because

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

My son is 20 years old and violated his probation, because of missing the drug classes he was initally charged with less than 20 grams of marijuana and now is in jail until his court date September 17, 2009. The question is what can his sentence be when he appeals in front of the judge?

 

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State/Country of Question: Florida

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He was arrested Friday 8-6-09 and his court date is not until September 17,2009 his will be in jail almost 6 weeks can the judge give him more jail time?

Submitted: 1017 days and 2 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Expert:  JB Umphrey replied 1017 days and 2 hours ago.

Thank you for using JustAnswer!

I am sorry to learn of your son's situation. Why did he miss the drug classes?

Customer replied 1017 days and 2 hours ago.

He works out of town in Bradenton which is 45 minutes from Arcadia and the he rides with other people so he can not just leave early to get to these meetings every Monday at 5:00 p.m. And if he misses work every Monday he will loss his job. He doesn't have a vehicle right now because he had an accident in April of 2009 and totaled his car. We have since fixed the front of the car now as of last week and is now driveable but he got arrested on Friday about 9:30 a.m. The sheriff dept. came to my house and arrested him on a warrent they said they had on missing these classes.

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Expert:  JB Umphrey replied 1017 days and 1 hours ago.

Why didn't your son discuss this with his probation officer before it became a problem?

Customer replied 1017 days and 1 hours ago.

I am not sure if he ever told the probation officer any of this. I told him to talk to him. But, I am unsure if he ever did. Tomorrow morning I'm going to go talk to the probation officer to see if there is anything that I can do for him. Because this has never happen to me before and as a mother it is so hard not to be able to see and talk to your child when you want too.

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Expert:  JB Umphrey replied 1017 days and 1 hours ago.

What is your son's bond set at?

Customer replied 1017 days and 1 hours ago.

He has no bond. The deputy told me that last year a law was made that if you violated probation you would have no bond; until your court hearing.

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Expert:  JB Umphrey replied 1017 days and 1 hours ago.

Has your son been on probation to this judge before?

Customer replied 1017 days and 1 hours ago.

No. This is his first time beening in trouble with the law.

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Expert:  JB Umphrey replied 1017 days and 1 hours ago.

Aside from being in jail now, could there by anything your son could do in the future to be able to attend the drug classes?

How is it that your son got into contact with the police such that he got arrested on the warrant?

Customer replied 1017 days and 1 hours ago.

Yes. Since his car is fixed he can take his car to work on Monday and be back in time to go to this classes.

Accepted Answer

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Expert:  JB Umphrey replied 1017 days and 1 hours ago.

Well, probation is a matter of grace. The judge revoke your son's probation and let him sit the rest of his sentence out. Or, the judge can continue your son's probation and give him another chance to complete the classes. The judge can also add on some more fines and/or add some more months to his probation.

The probation officer may not be too receptive by your visit. I could be wrong. But, if you get the cold shoulder and if you can afford it, hire a local criminal defense attorney to represent your son. Perhaps the attorney can get the court date moved up and smooth things over with the probation officer so that there's a favorable recommendation for your son when he next appears before the judge.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!

Expert TypeAttorney
Pos. Feedback: 97.8 %
Accepts: 8684
Answered: 8/9/2009

Experience: Explains legal matters based on 14+ years experience.

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Customer replied 1017 days and 1 hours ago.

Thank you for your advise. You have put me at ease on this matter. I hope to never have to deal with the criminal justice again.

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Expert:  JB Umphrey replied 1017 days ago.

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