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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience, primarily in criminal law
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Boyfriend put on deferred adjunicated probation in 2007 for

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Boyfriend put on deferred adjunicated probation in 2007 for theft 1500-20000 $. He was arrested now in 2012 for missing a probation meeting. We never received anything saying he missed this meeting. Now they have arrested him for probatiob violation and motion to adjudicate guilt. What are his options? Been on probation longer than he would have been in jail for? Willing to take guilty charge if he can stay out of jail. No other trouble

He may be able to challenge the violation of probation charge itself, since he has been on probation for 5 years and it sounds like he has been otherwise compliant. The judge may give him the benefit of the doubt and dismiss the violation, which would allow him to keep the deferred adjudication intact and keep the charge off of his record. Even if the judge finds him in violation, if he has done an otherwise excellent job in his probation, he may allow the deferred adjudication to stand, or might just strike it and enter a finding of guilty without sentencing him to jail (can give him a fine or extra probation time or community service or some other sentence). Judges have a lot of latitude with how they deal with their probationers, so there are a lot of options available to him that do not involve sentencing him to incarceration. I would suggest getting an attorney as soon as possible. If you/he cannot afford to hire an attorney, he may want to contact the local public defender's office or request a court appointed attorney. That way, he has the option of contesting the violation at a hearing and testifying of his lack of notice of the meeting (if he attended all his other meetings properly, this would support the fact that he wouldn't have intentionally missed this one) and/or trying to work out a resolution with the judge that would keep him out of jail.
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