View Full Version : Question about probation


dag62
12-26-2003, 05:06 PM
Hi! My son was given a probated sentence of 10 years. He is only 19 and will be 30 y.o. when he completes his probation. We were wondering if it is possible to have the length of the probation reduced after a few years if he has followed all the conditions without a problem. Can anyone give us any assistance on this? Thanks!!

becbabe
12-26-2003, 05:24 PM
My fiance Will was also on probation for 10 yrs and after 5, he decided to go to club and had his probation revoked! He completed FIVE yrs and they sent him to prison for TEN!!! After the whole sentencing phase, my dad talked to a friend who is a lawyer (he knows bunches of lawyers) and that one in particular said that if Will would've taken his case before the judge after he had completed those 5 yrs then he could've possibly had the whole probation time ended there, but we didn't know that. So yeah, I think it's possible to get the time reduced. I don't know how to go about doing it but I hope you find a way! I hope you don't find out anything too late like we did! Keep asking ALL the questions you need and find out as much as you can! Good luck!
Becky

dag62
12-26-2003, 05:33 PM
Thanks, Becky! We will keep looking into it. I'm glad to know that at least it is possible.

ABP
12-26-2003, 05:41 PM
OMG - sent back to prison for TEN years because of a night out??? That's AWFUL!!!! How could they do that?? I understand that going to a club is a violation of probation, but STILL.... he was on probation for ten years and had done five of them - it doesn't seem fair that he got sent back for TEN years over going to a club. Gee, you would think they don't have criminals in Texas - and they depend on having people in prison for one reason or another...

becbabe
12-26-2003, 06:06 PM
His probation was a little different. It was "deferred" which means that it went back to the original charge but yeah, after he completed 5 on probation, they sent him to prison for 10, when our son was only 10 days old! They did let him stay out to see the baby though. It sucks because he is such a good person and a wonderful daddy but I'm not giving up! I know he'll be home soon!
Becky
And dag62, tell your son to stay out of trouble. It's SO not worth it! Will went to the club for like an hour with my brother to play pool and got caught where alcohal was served. All that was before we met and I bet that if he could change it he would.

dag62
12-26-2003, 06:20 PM
He is going to find the conditions of his probation very tough since he is so young. He had just started going to night clubs when everything happened. His curfew is 9 p.m. to 6 a.m. and he has to stay away from places that serve alcohol. He loves to dance and that is what he is going to miss the most, but he understands that he can't afford to make any mistakes. It is going to be a very long 10 years for him because he is so young and wants to hang out and do what all his friends are doing, but he got a taste of life behind bars here in our county jail and says he doesn't ever want to experience life in a state or federal prison. Several of his fellow inmates have been in prison and may have shared some not so pleasant stories with him. I'm hoping and praying that those stories will stay fresh in his mind any time his "friends" think it will be okay for him to stay out a little later or go to a club just for a little bit.

Deb

north star
12-26-2003, 08:04 PM
Here in the town where I live, several locations have Teen Night ... they only allow people under the legal drinking age into the club so they can have the fun of hanging out and dancing, and not be served alcohol of any kind even though it is in a club that does sell alcohol on other nights.

Maybe those who are on probation could run such a place by their PO to see if it was allowed for those specific nights, that is if there are any places in your area that do such things.

If not, you might check into the local Y or other community clubs that will host events for teens so they can have fun and still stay out of trouble.

dag62
12-26-2003, 11:39 PM
That's a great idea, North Star, but unfortunately he'll only be a teen for two more months and then he'll hit the big 20! He's going to have to take up some new interests that will get him home by 9 p.m. It's gonna be tough, but he doesn't have a choice. We were so thankful that he only received probation (aside from the mandatory 120 days in jail), but after seeing all the conditions that come with probation (and for 10 years), you have to practically be a saint to fulfill them all and pretty much have no life. As an adult, I can see where it would be difficult for me to stick to all those conditions, so I know that it's going to be that much harder for him with all the temptations that people his age face these days. BUT, we have faith that with God's help and the support of his family and friends, he will make it through this tough time! I will keep trying to find out how to get his probation shortened if possible, though. Please keep any ideas coming! Thanks!!!

Deb

biscuitmom
12-27-2003, 09:55 AM
Depending upon the original offense, a judge will consider a request for early termination. The offender must have been an exemplary probationer, completed all community service hours, be fully paid up on fines and restitutions and have served at least one third of the probation. I believe sex offenses and dwi's were among the non-eligible crimes. There was a bill during the last legislative session to liberalize it somewhat - I don't know the outcome.

From my soapbox:
Probation rules are not at all restrictive when put into proper context. In fact, rules of community supervision are exceedingly liberal when compared to those of institutional supervision. 'No life' on probation?? What does he think it's like in tdc??! No dance clubs there, and most inmates' main goal is to back out on community supervision!

Here's the big picture: he belongs to probation, he is under their authority, he is serving his sentence in the community instead of in an institution. Instead of worrying about how 'tough' it's going to be, he (and his friends and family) should be reminding themselves how lucky he is and how dumb he'd be to throw away this precious chance he's been given.

dag62
12-28-2003, 04:41 PM
I appreciate your comments, Biscuitmom.

biscuitmom
12-28-2003, 05:31 PM
Deb, after I posted it I realized how harsh my soapbox rant sounded.

I really understand your stressing over his probation - been there, done that. At the same time, I think it's best for family to project a 'it's your life to wreck or redeem' attitude - even if you have to fake it while lying awake worrying every night. Let him know you're there for him but don't go overboard on offering support, sympathy, or suggestions. *IMO* that makes him feel more like a victim and less like the captain of his own fate.
My sympathy is with you other who have to stand by helplessly while he makes his mistakes You WILL get thru this.
Hugs and prayers for you all.

dag62
12-28-2003, 06:03 PM
Biscuitmom, although your first post did take me aback somewhat, you spoke the truth and believe it or not, I was totally in agreement with what you said. Thanks for your candid and sincere responses! And yes, with God's Blessings, we will get through this one day at a time!

Deb