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View Poll Results: What was your love ones violation that sent them back to jail?
Technical violation 63 44.68%
New charge - Case dismissed 9 6.38%
New charge - Conviction 56 39.72%
Other 13 9.22%
Voters: 141. You may not vote on this poll

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  #1  
Old 03-27-2015, 08:30 AM
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Exclamation Who had a love one go back to prison / jail on a violation?

I saw a poll and thread on this back in 2004 but it was shut down I think last year. So I wanted to get more up to date information from my PTO family.

How many of you all have had a love one go back to prison/jail on a supervised release violation, parole violation, or probation violation?

My fiancé is currently being held for a violation. He has had his hearing and the hearing examiner recommended 36 months. The commission hasn't made a final decision yet but we are praying that he is released. And get this everybody, the new case that the violation was based on was dismissed. But that is the justice system that we have. Flaws and all, we have to accept it I guess...

But anyway, please share your story!
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Old 03-27-2015, 05:38 PM
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Originally Posted by ChaseLove View Post
How many of you all have had a love one go back to prison/jail on a supervised release violation, parole violation, or probation violation?

My fiancé is currently being held for a violation. He has had his hearing and the hearing examiner recommended 36 months. The commission hasn't made a final decision yet but we are praying that he is released. And get this everybody, the new case that the violation was based on was dismissed. But that is the justice system that we have. Flaws and all, we have to accept it I guess...

But anyway, please share your story!
There's one thing you have to understand about parole violations. Having a parole violation is not like breaking a law. What I mean is, their standard of proof is not like it is when breaking a law. Regardless of whether the case was dismissed or not, if they even suspect he could be in the area of criminal activity, he can be violated.

That is what happened to my husband. He caught a case that was dismissed. However he did some other dumb stuff that allowed them to send him back on a technical violation. Even if he had NOT done the other dumb stuff, he would have probably been violated on a technical.
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Old 03-28-2015, 01:19 AM
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My guy sadly went back on new charges. :-(
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Old 03-28-2015, 08:22 AM
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There's one thing you have to understand about parole violations. Having a parole violation is not like breaking a law. What I mean is, their standard of proof is not like it is when breaking a law. Regardless of whether the case was dismissed or not, if they even suspect he could be in the area of criminal activity, he can be violated.

That is what happened to my husband. He caught a case that was dismissed. However he did some other dumb stuff that allowed them to send him back on a technical violation. Even if he had NOT done the other dumb stuff, he would have probably been violated on a technical.
Yeah I know the standard of proof is by a preponderance of the evidence. But, this hearing examiner must've had a bad morning or something when she did my fiance' hearing because she did what she wanted to do. She didn't even follow the rules of the US Parole Commission when deciding on the case. But Nevertheless, we are still waiting on an official Notice of Action to see what the commission has decided to do. Take her recommendation or side with the attorney.
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Old 03-28-2015, 02:05 PM
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My husband had a bunch of new charges. He won't do paper its never been offered.
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Old 03-30-2015, 08:08 PM
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My fiancé was out of his county so parole violation there and new charges. He waited a year in county for trial. The max was 64 years; he got five then the five on the parole violation... Sigh.
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Old 03-31-2015, 08:38 AM
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My fiancé was out of his county so parole violation there and new charges. He waited a year in county for trial. The max was 64 years; he got five then the five on the parole violation... Sigh.
Oh no...did they atleast run the sentences concurrent? Or do he have to do them separately?
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Old 04-06-2015, 07:14 PM
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Yup.. my husband just went back to county jail for violating DV probation by comiting 4 new felonys that as not dv only one is similair assult with deadly weapon other then a gun cuz the guy he was stealing from ran up to passenger window of car and was banging on it then he opened the door, my husband started to drive then slammed brakes which made guy hit car dopr and fall to ground, other charges are robbery by force, grand theft cuz all the cactus he stole valued well over $950, and hit and run. So he is looking at prison time. I won't know for a couple weeks how long the prison time will be..I'll know on April 24th not this Friday but next friday. I know first deal that was offered was 5 yrs prison but his defender thinks can get it lowered since he's been doing good for a yr and it's just cactuss. I hope that when he gets out of prison as he only has to serve 70% of his time that the parole officer, or anyone else who can give special conditions on parole doesn't make it so we can't live together or see each other..he had 20 out of 52 weeks of dv program done as well as 117% homework participated and was opening up in group more and more

He finished community service and everything else dv probation wanted him to do plus he had been good for lil over yr and hasn't been violent to me in lil over a yr and we have always had peaceful contact with each other even after the dv. Da allowed it cuz that's what I wanted as well as he has learned a lot from the 20 weeks of dv program he had before he was arrested..he has been walking outside when we start arguing till we both calm down then we talk about it. He finished his drug rehab a while ago and almost had lil over yr sober but he relapsed cuz he didn't listen when I first told him those aren't the type of people you should be hanging out with even if they are helping you in yard..he finally told most of them to never come back cuz he didn't want hem here but it was to late as he had relapsed by then which caused him to not think straight and have cloudy mind.. I know he wouldn't have ever stole the cactus or anything if he had been sober..drugs make him violent when he mixed them which is when dv happened..when he relapsed he only did one which made him get work done..parole will need to always test him cuz he relapsed after dv probation quit testing him..I'm guessing since 4 new felonys being charged that he will get parole upon released from prison so I hope they don't make so we can't live together or see each other

Last edited by destroy; 04-06-2015 at 07:43 PM..
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Old 04-08-2015, 02:46 AM
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My fiance just took an 11 month 30 day sentence on a VOP with new charges. We are in Florida and they do not play around. He wanted to fight it but he was facing 5 years if he lost, even getting the new charges dropped wouldnt have mattered because the VOP is handled before the new charges, still trying to understand that. The judge flat out told him that it was in his best interest to take the deal. The judge then sentenced the next guy with almost identical charges to 51 months. Ouch.
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Old 04-08-2015, 06:43 AM
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Well, my answer is a bit different. My boyfriend was on probation not parole, so prior to this he was not sentenced to any jail time. Since he received a new charge he was also violated. His lawyer, the prosecutor, and the probation representative all agreed to reinstate probation, however the judge decided to sentence him to a 3 flat.
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Old 04-08-2015, 10:01 AM
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My son violated probation with a new charge (MIP) that was later dismissed (different county), and was sentenced 16-24 month in MDOC for the probation violation
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Old 05-03-2015, 08:02 PM
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Originally Posted by Taralynn214 View Post
My fiance just took an 11 month 30 day sentence on a VOP with new charges. We are in Florida and they do not play around. He wanted to fight it but he was facing 5 years if he lost, even getting the new charges dropped wouldnt have mattered because the VOP is handled before the new charges, still trying to understand that. The judge flat out told him that it was in his best interest to take the deal. The judge then sentenced the next guy with almost identical charges to 51 months. Ouch.
Was that all the time he got? Like for the new charge + VOP? What was the new charge if you don't mind me asking. My BF is currently in the county, tomorrow makes 15 days- he is on parole but his PO recommend he be released and await the outcome of court... Well see soon, I hope.
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Old 05-04-2015, 06:27 PM
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Was that all the time he got? Like for the new charge + VOP? What was the new charge if you don't mind me asking. My BF is currently in the county, tomorrow makes 15 days- he is on parole but his PO recommend he be released and await the outcome of court... Well see soon, I hope.
11 30 was the violation and new charges wrapped up in one. He unfortunately had to take it as a package and plead guilty or risk something worse. His new charges were
Grand Theft over 300. less then 5000
Deal in stolen property
Fraud false ownership, pawn shop

He was on 2 years probabtion, out for 3 weeks. He went to work for an appliance repair guy. Mind you he didn't tell him about being on probation until after being hired, the guy was needing him to travel to GA what not and he couldnt... so anyhow long story short. Most HVAC guys have their own equipment, he took a couple of his OWN items to pawn so that we could put down a deposit on an apartment. The boss was tracking him on GPS and went to the pawnshop to see what he pawned ... the lady disclosed to him without a police report. He said one of the items was his and reported it stolen. In actuality they were all my boyfriends he couldn't produce receipts other then a hand written one because he bought them off another HVAC guy when were in AZ who was retiring.

So basically he had a brand new lawyer, it took awhile for the VOP warrant to come up, his probation officer had no idea about it but when it did he turned himself in. We thought we could get a bond set the lawyer was confident. He is the sole provider for me, our 7 month old daughter, I am 4 months pregnant, has a job, letters from his employer...

The judge says NOPE.

He was fighting the whole way until the judge told him that he was separting the VOP from the new charges because I dont care what the outcome is on the new charges, guilty or not. The VOP was to be handled first and no more continuing.

So next court date he stood in front of the judge and the judge told him that he doesnt have to honor the states deal and he can give him whatever he sees fit and how much time he wasted, etc...

The state dropped only the deal in stolen property charge, the guy who made the report never could produce a receipt, or explain what happened to my boyfriends tools that were left there so he would have won at trial/

Long answer sorry

Where are you located?What was the original charge and new charges he picked up? It is good that the parole is on his side.
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Old 05-04-2015, 06:44 PM
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Were in GA. The new charge is criminal attempt to commit a felony. They think him and a coworker tried to go in their bosses house when he wasn't around. He is on parole for Burglary. Was hoping to have an answer from parole today, its been 15 days but no answer yet :'( He is our provider too...have a 2yr old and 9 month old. This sucks I am so upset
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Old 05-31-2015, 09:27 AM
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My man is facing a conditional release violation in FL, he had 4 months left on this but left the state and went back home..no new charges but could he face added time for the violation as well as the 4 months he will have to complete? This is my first relationship with someone who has been inprisoned so I don't know what to expect...
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Old 05-31-2015, 03:12 PM
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Here's a link to the Florida law "Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision".
http://www.leg.state.fl.us/statutes/...s/0948.06.html

What will actually happen in his case is usually up to the judge who happens to be assigned, so it is very difficult to predict what will happen.
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Old 05-31-2015, 05:09 PM
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Ok, thanks..do you know though if they credit the time spent awaiting a revocation hearing against the remainder of parole left? Like if he sits in County jail for 2 weeks before his case is heard and before he's sent to DoC will they count that time...or is it likely to be dead?
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Old 06-01-2015, 07:39 AM
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I don't know the answer, sorry, but be sure to check the FL Parole, Probation & Release forum for answers.
http://www.prisontalk.com/forums/for...lay.php?f=1280
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Old 06-07-2015, 07:55 PM
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i THINK my ex will be going back in on a violation. He has a felony for alien smuggling and received 5 years probation. In march he was arrested on battery, assault with a deadly weapon, and having an imitation firearm.

I am assuming he will definitely do time- but nothing has happened yet-and its been 3 months! so who knows.
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Old 06-07-2015, 08:03 PM
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i THINK my ex will be going back in on a violation. He has a felony for alien smuggling and received 5 years probation. In march he was arrested on battery, assault with a deadly weapon, and having an imitation firearm.

I am assuming he will definitely do time- but nothing has happened yet-and its been 3 months! so who knows.
I know u are so upset over this....its very frustrating....Hopefully he is not in foruch longer. But they have been so non lenient when it comes to violations. I know here in DC, they can only sentence you to a max of 3 years if you violate a 5 year supervised release. Atleast that's what we got. Good luck to you both! And if you need to talk, I'm one private message away!
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Old 06-07-2015, 08:21 PM
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I know u are so upset over this....its very frustrating....Hopefully he is not in foruch longer. But they have been so non lenient when it comes to violations. I know here in DC, they can only sentence you to a max of 3 years if you violate a 5 year supervised release. Atleast that's what we got. Good luck to you both! And if you need to talk, I'm one private message away!
thank you so much for your kindness!

To be honest, i am not that upset- although I do get upset sometimes. He and I are having custody issues with our daughter, so him getting arrested may give me more grounds to protect her! Although, i do feel sad about it sometimes.. I am hoping it is the wakeup call he needs!
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Old 06-08-2015, 11:28 PM
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i THINK my ex will be going back in on a violation. He has a felony for alien smuggling and received 5 years probation. In march he was arrested on battery, assault with a deadly weapon, and having an imitation firearm.

I am assuming he will definitely do time- but nothing has happened yet-and its been 3 months! so who knows.

Ouch!!!

I am assuming the violation is in Florida? I can tell you Escambia County does not play when it comes to VOP's.
My fiance ran into the same situation from the time the "incident" occured to the time that his VOP warrant was issued was 4 months. I watched the clerks website EVERYDAY for updates so that we were not caught off guard and we used that time to get things as in order as possible, hire an attorney, etc...

I cannot stress enough how important it is to hire an attorney, an experienced VOP attorney... our attorney was brand new and my fiance hired him without doing research, well yes he helped out compared to what we saw being handed out to others BUT it would have been to his best interest to hire someone that didn't learn along the way.

Please PM me if you want, I can tell you what I have learned along the way, what to expect, ... best of luck to the both of you. I am counting down the days until 8/23!!!
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Old 06-08-2015, 11:47 PM
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Ok, thanks..do you know though if they credit the time spent awaiting a revocation hearing against the remainder of parole left? Like if he sits in County jail for 2 weeks before his case is heard and before he's sent to DoC will they count that time...or is it likely to be dead?
That too is completely up to the judge, from what I have learned and witnessed watching other cases is that a majority is credited from the time of incarceration until the sentencing is done. Again this is not set in stone and is completely in the judges hands or parole committee
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Old 07-25-2015, 05:34 AM
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Originally Posted by ChaseLove View Post
I saw a poll and thread on this back in 2004 but it was shut down I think last year. So I wanted to get more up to date information from my PTO family.

How many of you all have had a love one go back to prison/jail on a supervised release violation, parole violation, or probation violation?

My fiancé is currently being held for a violation. He has had his hearing and the hearing examiner recommended 36 months. The commission hasn't made a final decision yet but we are praying that he is released. And get this everybody, the new case that the violation was based on was dismissed. But that is the justice system that we have. Flaws and all, we have to accept it I guess...

But anyway, please share your story!
Dallas has been arrested twice resisting without violence and possession with intent to sell same charge that got him sent to prison the other times
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Old 07-25-2015, 11:13 AM
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My LO was sentenced to felony probation no jail time for his original crime, caught a posession of a weapon case during a traffic stop (not a gun), the PO waited to see how the case would play out since we thought it would be dropped due to the cops not following standard procedure for a traffic stop. But when the DA found out he had a prior weapons charge he wouldn't drop it. He ended up only getting a fine for that charge but then the PO violated him and his probation was revoked. He's currently serving 9 mos in county for the revocation.
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