View Full Version : Probation violation questions

05-15-2010, 07:23 PM
My boyfriend got his 3rd probation violation for a simple dirty urine. Probation recomended 1yr-1yr 3months and the Judge gave him 7yrs 11months and 20 days and suspended 5yrs. Funny thing is that on his renovaction . report for what he scored, the PO (going by their website) should of only recommended 3-6months. I brought this up to his wonderful court appointed lawyer was told that didn't matter the judge will give him what he wants to anyway. I am still very very upset at our judical system because where is the fairness in this???? Now our son and I are struggling to make it without him. He is in the Chesapeake City jail and no news of being moved anywhere. In the jail our son is unable to see his father and I would like to know how can we move this process along for him to be sent to a prison and not be charged a darn dollar a day.!!

Any insight to this situation would be greatly appreicated! Thanks.

<<<<miss my bear>>>>>

05-15-2010, 07:43 PM
not much you can do , if he is done with all court the court system notifies doc, doc will then give him a number and at some point pick him up. doc has 6 mos to pick up but they usually dont take that long you are waiting for bed space,

what you can do is make a call to the court to make sure they have notified doc. occasionally things fall through cracks and doc doesnt know court is done.

then call doc to make sure they have it.

05-30-2010, 10:17 AM
Thanks for the insight. Now I am faced with another problem. I went to get his sentencing report from the court and the probation report (which I already knew was wrong) And I was going over it with my b/f and they have him for a Grand larceny charge. He was never charged with Grand Larceny. The charge was ammended was it was recieveing of stolen property. The Judge has signed this sentencing report for his violation and gave his all his suspended time back. Would this be a techinal violation on their part to where he could be released due to the wrong charges being on the sentencing report and the probation report being wrong. And to top this all off my b/f tells me that he used to work for this judge (at the time he was an attorney) and he owned a lawn care business. This is of course after the court date. Please give me some insight. Thanks.

05-30-2010, 11:54 AM
a tech violation is violating probation by things like failing a drug test, failing to report to pom , not doing classes ordered and things as such. it sounds like you are saying he has a new charge unless im missunderstanding you and that makes it a charge violation.

when they do a pre sentance report, the inmate is usually interviewed and has a chance at that time to dispute or change things that are wrong he must sign off on it once he does that its a done deal because he had a chance to dispute and didnt.

did he tell his lawyer that he had worked for the judge ? did thejudge remember him ? he should have spoken up if it was a problem. the judge could have recused himself from the case or something. im not sure anything can be done after the fact. someone will jump in if they know more on this

05-31-2010, 11:09 AM
Unfortunately it doesn't matter who recommends what, it's all up to the judge. Even the CA rec. time served for my hubby, and they gave him 3.5 years. Not sure if anything can be done after the fact with the other stuff, but good luck!

06-18-2010, 12:18 AM
I am going through a similar situation about the report, my husband back due to parole violation, but his pb-14 says pwid, but he was charged w/ this not convicted, he was convicted of simple possesion, one being a felony and one being a misdemeanor. He did not sign the report instead wrote consult with my lawyer. we got the lawyer from the state that he the new charge in, to give a copy to the parole lawyer his sentencing report, gave to the examiner, etc. etc. and they still put the wrong info on the pb-14... so we appealed it, they denied it ( no grounds for reconsideration, but hello you got the wrong chargers) so now we are appealing to the circuit court of richmond..... we probably will end up seeing the judge the same time we go up for his annual review. the lawsuit is holding everything up, but am excited to see what could come of it and how it may help our situation... it may shed light on how the pb is not doing their job as suffienctly as possible.... but our parole lawyer said he spoke with the pb lawyer and told him to hurry up and set the date so we will see what happens....

PS.. getting that report makes the world of difference... the interstate compact parole violator processor ( what ever the true title is) said that if it were a misdemeanor he would have had a shot at being reinstated, but a new felony conviction almost guarentees a revoke in parole

07-19-2010, 07:56 PM
He didn't even get new charges just failed a couple of piss test. My problem with that is why didn't his probation officer do something at that point rather than keep letting him go. Men are just like kids, you keep giving them an inch and they take a mile. He thought he was going to keep getting away with it. But all in all none of the info is right on any of the paperwork. His uncle is preparing documents to file in the court so hopefully we will get somewhere in this mess. My point is if his po can't even fill out paperwork correctly how are we to be conifdent that she is doing her job correctly!! WHERE IS THE JUSTICE IN AMERICA!!!!!!! It is for the people who have money, because if you have money, you more than likely know people in the right places.

08-10-2010, 08:33 AM
my son offered to take a piss test in court and the judge warned him not to use that word again, and that's what they are use to calling it so he offered later again that he would take a piss test and got a summary contempt charge out of it. he also got picked up for destruction of property for running into a ditch at a k-mart but a boy with the same name but different middle initial was the one that actually ran into the ditch. The k-mart manager had a copy of the boys licence that did it, with his address on it. The other boy went to the commonwealth attorney and told them he was the ******* ***** that had run into the ditch. the CA told us they would take care of it. He did, when it went into court he told the judge that they arrested the wrong man that had the same name so it got dismissed in court, but they never took it off his record. The CA attorney said if it was on his record, the procutor feels that even if it was dismissed he was involved in it some way.

08-11-2010, 09:26 AM
Missmybear-It sucks, it's called a technical violation. The fact of the matter is: whether she was doing her job or NOT, he DID violate by having dirty urine, and that is how the judge will see it. It doesn't matter what his PO did or didn't do!

Hubby was given 3.5 years for not paying restitution back in time! I mean, how much of a BS charge is that! PLUS, stole 2 of the payments he took in, and refused to let him pay less than $50(so if he took a $20 money order in, she wouldn't accept it). The judge doesn't care-the PO isn't on trial, your loved one is, and he did break the rules.

It sucks that it has to be that way, but we're pretty powerless when it comes to stuff like this....

09-24-2010, 07:03 PM
my son got out 2 and a half weeks ago after five years and I hope its the last of it and never again. I will say he is doing probation classes which was his choice and is avoiding people that are still getting into trouble. He calls me to let me know where he is and when he will be home. Talks to me about his friends and what they are doing so I won't worry. Claims no one is smoking anything illegal around him and if it starts he plans on leaving the area. He is 23 now and I know he is an adult and doesn't have to do this but it is such a relief. When he was 17, 18 and was on drugs and hanging out with wrong people I used to stay up all night and search the ditches for him in case something happened to him. I'm feel so bad you all have to go through all that again I couldn't imagine having to do it again. Hopefully things stay the same for me I know its still to new for him to be out. But he is like night and day from before and I pray it stays like that.

09-25-2010, 05:11 PM
Snowy!! I am so glad you came back and gave an update. I love hearing how everybody does once released. Sounds like he is on the right track. Yeah!!!!

09-28-2010, 01:15 AM
Virginia is one of the most crookedest states I have ever seen in my life.Believe me I have lived in a lot of states. My man had a bad piss test to and the perole officer let him go till it was to late and he just got himselve deeper in to the system. The state makes money off the inmates so they don't care how many of our men they have locked up. Or what they are locked up for. It's all a money thing.

09-28-2010, 02:08 PM
fact is if you dont follow the rules of probation or parole they will nail you that is not state spacific to virginia, judges look at probation as a kind of second chance were if you want to do right you will.

what judges dont get is that wanting to do right may not matter to a drug addict , the drug over powers any addict into submision.

its not thew state its the whole system you need to get out of the areas you were in before make all sorts of changes to not be tempted including changing friends and moving if thats what it takes for you to not crave or at least fight it. but if you are on probation or parole you are stuck in the jurisdiction you came from around the same friends same hang outs and even the same hoods you score from so the temptation is greater and you are set up to fail.

09-28-2010, 08:36 PM
Virginia is one of the most crookedest states I have ever seen in my life.Believe me I have lived in a lot of states. My man had a bad piss test to and the perole officer let him go till it was to late and he just got himselve deeper in to the system. The state makes money off the inmates so they don't care how many of our men they have locked up. Or what they are locked up for. It's all a money thing.

VA DOC may not be a hot stone massage with whip cream and cherry on top but it is far from the worst. Virginia doesn't even come near the top of the toughest CJ system, toughest prisons, or most strict guidelines. What DOC system isn't a bit crooked? Politics controls them. And please tell me how the state is making money off inmates? Why would VA clean out Greenrock CC to make room to only house PA inmates? They are making money holding out of state inmates bc PA is paying big bucks and VA is paying about 29 grand a year to house just one VA inmate. If Va was making dough off inmates, Brunswick CC and a few small camps wouldn't have been shut down. Why shut down a prison if you are really seeing income? Tell me how they are seeing money from housing their own Va inmates. Cutting out tobacco sales cut even more out of any possible income. Someone up in DOC obviously cares a bit... We see push for reform to bring back parole and lessening sentences for non-violent offenders..Those things were heading in a good direction and pretty popular until Ricky Grey and his counterpart were released and then killed the entire Harvey family in Richmond plus I believe at least one other ex girlfriend. All inmates were not created equal, but I for one am very glad I don't have to be the person making a decision on violations. I met Ricky Gray and saw him daily and he was a pretty nice guy. I never would expected him to get out and do what he did, but he did. Parole officers have to think about the past. No one wants to feel as if a crime committed was in their hands. If an inmate doesn't want a violation, then they should play by the rules. Stop blaming the system.