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Old 06-03-2017, 07:04 PM
SCJEN831CA SCJEN831CA is offline
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Question Interstate Compact Montana Probation in California

My family moved to Montana for less than a year and in that time my brother had a girlfriend who he got pregnant. He was 17 years old at the time and his girlfriend was 14, which none of knew was illegal as in California it is legal or at least was at the time. So he was charged with sexual intercourse without consent (not legally old enough to consent) They wanted to give him 80 years but he was sentenced to 20 years probation and get out of the state and do not ever come back and sent to California. Which we moved back to California and he hasn't gone back. He's paid all of of his fines and everything else. California was shocked about the 20 years and said this is ridiculous, it's not a crime. He's been in loads of trouble here in California over the years (18 years) drugs, 13 or so driving on a suspended license, misdemeanor battery against me, DUI with a hit and run but his probation in Montana was never revoked or anything, they never came for him. So here we are almost 18 years later with about 28 months of probation left and his wife presses domestic violence charges against him. 3 times in the matter of 3 months. My brother has a drinking problem and after the first arrest when they issued a peaceful contact order she used the police to deal with him when he was drunk and didn't like it. Think of the Andy Griffith show and Otis, just walking in to lock himself up. He took a plea deal with serving 1 year in county, out in 6 months due to half time, and 3 years probation. He plead guilty to one DV and 1 breaking criminal protective order. All other charges dismissed. That's the only way they could of got a conviction without his wife's testimony. The DA admitted they didn't have shit on him without her. So now Montana put out a warrant revoking his suspended sentence. He's currently still in custody here based on that warrant. His sebtence has been served here. Here are my questions:
1. Will Montana in fact come to get him?
2. I want to go to court up there for him, leaving when he's picked up, I'll be driving, a good idea?
3. What kind of time frames are we looking at here?
4. What punishment is he looking at?
5. Can we petition Montana to end his probation while he is still here in California even tho they put out a warrant? If so, how? And what are the chances of them granting the petition?

My thought is if we can petition for them to end his sentence up there and let him just be California's problem from here on it. I read online that if it's in the best interest of society, his best interest and wouldn't cause any harm to the victim they normally grant it? He won't be in Montana's society, it's in his best interest so he and us as his family can just move on, and no harm to the victim cuz he won't be in that state.

Maybe I should mention he has not had any additional charges of that nature in the last 18 years either.

Thanks in advance and sorry for the long post.

Last edited by SCJEN831CA; 06-03-2017 at 07:05 PM.. Reason: Adding a Thank you
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