View Full Version : NEW here, need some support


April123
01-16-2008, 05:24 PM
I have been with my boyfriend for 2 years now. We have had our ups and downs and had broken up for a few months, when he called me to tell me he had been arrested. My heart sank and I realized how much i really cared for him. I visited him and then he was put on house arrest. So I have been seeing him every wk. He just went to trial today. He has been on probation for almost 10 years due to a charge that he got when he made a video with a gf who was 17...he was in his young 20s but he was charged because you cannot video or take pics of a nude minor...as in under 18. He was put on 10 yrs probation, which he has violated 6 or 7 times...not with new crimes but things such as leaving the state. He lives with his brother, and his bros gf had been staying there, so my bf was staying upstairs with his sister a lot to give his brother privacy. The brothers gf was only there til she found her own place. Well his P.O. came by and that gf said soemthing like "oh i havent seen him i dotn think hes living here anymore"...although he actaully was still residing there. Sooo, since he is a registered sex offender, he has to notify of an address change. They thoguht he had changed his address and hadnt notified so they arrested him. He went to court today and his PO wants him to get 10 yrs. I am SOOOOOOOOOOOOOOOOOOOOOOOO scared. He only had 6 months of his probation left. They are trying to prove that he actually did not move out, but are being hard on him cuz hes violated and probably look down upon all sex offenders. This is in Mass. Does anyone have any experience with something like this. He goes back to court tommorrow but I have been a nervous WRECK? Do you think they would actaully give him 10 years????? I just need someone to talk to :( :confused:

shiva65
01-16-2008, 06:47 PM
Im sorry , there is not easy.. answer its in the courts hands(probation officer) , at this point .

Welcome to the mass forum , we are all here for you ~

krummy
01-16-2008, 06:47 PM
Welcome to PTO emmittmisses. It is very difficult to say what the court will do. You can never outguess the judicial system. It doesn't look good on him though with several violtations in the past. I wish you all the good luck and Gods prayers.

SunnyChick
01-16-2008, 09:54 PM
In most states there's a definition of "legal residence." It might include such factors as where the person sleeps, pays rent (or contributes to upkeep), receives mail, registers/parks his car, etc. If they're trying to bring in violations that were not viewed as significant in the past (e.g., visiting outside the state) and which totaled to less than one minor violation per year for almost 10 years, then I'd certainly argue that they are not relevant now as your boyfriend finishes up the final months of a decade of probation. I hope your boyfriend has good legal counsel. If he has taken classes, held down a job, provided some support to his family (even if it was in the form of rent), attended church, or taken part in civic projects (Habitat for Humanity, cancer walks, etc.), these factors should be highlighted. The prisons are overcrowded. What public safety issue is served by the expense of incarcerating a tax-paying, contibuting member of society -- especially over a mistake (present testimony or affidavit of the brother's girlfriend) made innocently by someone who had incorrect information?

As stated in the above posts, there's no way to predict with certainty what a court will do. However, keep in mind that regarding the facts of his "sex offense," many states are now recognizing exceptions in what are called "Romeo-Juliet cases" in which the age difference is only a few years and in which the underage party was a willing participant. The videos are an unfortunate piece of evidence, but I assume he didn't widely disseminate them or profit from them.

I'm really only thinking "out loud" in this post, but my point to you is this -- don't panic, don't give up hope, and if things don't go in his favor, work with his lawyer to see what can be done. This all strikes me as very excessive. I hope a more reasonable approach will prevail. Let us know how things go.

Take care, SunnyChick

haswtch
01-16-2008, 10:35 PM
welcome to PTO, where we jump through flaming hoops of melting red tape while juggling crazed orangutangs...you have come to the right place...wishing you luck