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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118778
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My fiance has been locked up on a technical violation since

Customer Question

My fiance has been locked up on a technical violation since August 12th. He has a hearing coming up this month and does not know what to expect. He was violated for producing a receipt. He had been on probation 5 mths and never was asked for one receipt. She had asked for a receipt after that date for that date which my fiance no longer had. He told her that and she still insisted on a receipt. He did not have a chance to say anything the first time in court. His public defender asked for a hearing it was scheduled in another 30 days.
He did not willfuly violate his probation. Due to his negligence, he did violate. But, since his release he has completed, DUI class, Madd Class, drug counseling, granted license, entered College. He successfully completed his first semester even while missing his exams because he was incarcerated. My question is do you feel the judge takes into consideration all that you have done and have tried to accomplish? Is education important?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
On technical violations the courts are generally generous and will make the only punishment the amount of time they have spent sitting in jail waiting for the hearing on the violation. The problem with probation violations is that the punishments are at the sole discretion of the judge on these matters. If he shows the court that his violation as a mistake, but he did willfully violate when he made up the receipt that he should have never done and should have taken his chances for not having one. Chances are very high they will release him for time served on the violation at this court hearing.

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Customer: replied 8 years ago.
I wanted the attorney to know he misunderstood. My fiance did not produce a receipt his consequences of not, was the reason for technical violation. His advice was still very reassuring.
Expert:  Law Educator, Esq. replied 8 years ago.
Sorry, I misunderstood about the receipt being produced when you meant he did not produce it. This is really more a minor violation and the court would in almost all likelihood here release him at the hearing if he has complied with all of the other provisions of the probation.