Expert: Robin Sexton - 10/30/2009

Question
My boyfriend was initially charged 3 years ago with a federal counterfeiting charge. He served his time (9mos) and has been on probation. 4 months ago he violated his probation due to failing a drug test and was sentenced to 6 months in a halfway house. The judge requested that if the halfway house interfered with his college education, which it was, to file to come back to court and other arrangements would be made. After 3 weeks in the halfway house (which was interfering with school and no one would file a court hearing for him) he was released because he did not sign paperwork that would sign over his power of attorney to them. This paperwork was mandatory. (Why the option then?) Now, a month later, he has been picked up by 2 US Marshals at his college and is sitting in a county jail on a federal hold. We are being told nothing, have had no communication with anyone, and his probation officer who is at the head of this has refused communication with anyone for weeks. The only way we found him was by calling all the local jails. What can we expect or do at this point?? I know this is an odd circumstance.
Thank you!

Answer
Ally,

I apologize for the delay in responding to your questions.  I know how stressful this is for you and your boyfriend.  Dealing with the Federal system is not fun they operate under very different rules.  The good part is that a Federal Judge retains the case in his jurisdiction and has a great deal of influence.  At this juncture your only recourse is to work with an attorney to make sure that everything is disclosed and brought to the attention of the judge.  I am amazed that your boyfriend was unable to call out of the county jail after being in for that long of period of time.  The other sad fact is that you have no right to any of this information they will only discuss the case with him and or his attorney.

Sorry i can't be more specific

good luck

robin