Expert: Robin Sexton - 5/3/2008

Question
QUESTION: My other half was arrested in December this past year on drug charges.  However, he was already on probation.  His court date was March 20th, and was found guilty on the drug charges.  He was given 2 years of probation and 2 years of a suspended  license.  The very next day he reported to probation go over the new guidelines.  His probation officer violated him at that time for getting new charges.  He has been in jail since March 21st with no bond, and has a court date on May 12th for a docket hearing.  
My question is, what are the chances of the state re-instating his probation and releasing him that day?

Thank you so much!

ANSWER: Douglas,

I regret but it is impossible for anyone to say except the judge.  A lot depends on anything prior, how long had he been on his first probation before he violated, any other problems while on probation, etc.  The other consideration is if your local jail is maxed out courts are reluctant to sentence to jail as drug offenders are normally non-violent and have an addiction not just criminal.  He sounds like he could use some drug counseling if he is violating while on probation.  

sorry i couldn't help.  His attorney should be able to give a fairly accurate assessment.

Good Luck

Robin

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for answering my question.  I am just worried for him, and unfortunately his public defender will not talk to anyone but him.  it is next to impossible for him to contact his public defender while incarcerated.  I have heard that the jails are overcrowded here, and his judge is a really nice judge and willing to work with him.  I can only pray for the best.  This is his first violation, was on probation for 8 months before he violated, and has never any other problems while on probation.
If I call the state attorney, or the jail would they be able to tell me anything?
Thank you again.

Answer
Doug,

The States attorney also could not talk to you about it.  The jail may have an idea but again it is up to the judge.  Crowded jails, nice judge could mean credit for time served and maybe an increase in probation.  Again that is a maybe.  A suggestion is that if rehab can be arranged for him and his admission presented to the judge could have an impact.

Best of luck to your brother, I am sure you are concerned

Robin