QUESTION
What can I do about my probation violation?
Asked on Nov 14th, 2012 on Criminal Law - Florida
More details to this question:
My husband was arrested last night for violation of probation. Before you think he’s this horrible person let me explain. He has never dropped dirty, never had a problem and has completely changed his life around. In February 2013, his probation was scheduled to terminate, as long as he met the requirements. Which he had so far. For the past 2 years, he has been fighting a statutory rape charge that was filed by my sister. She claims they did things and when he was in custody the police department that had him used the whole just tell us something and we will let you go. They kept their promise let him go for a statement. That statement landed him in this position. He had a paid lawyer for the stat rape case in MO but she’s not being very helpful. I texted her to let her know that he was arrested and she texted me back one word. "f**k". Anyways what do you think they will do with the probation violation? By the way, the Probation officer is on his side.
7 ANSWERS
Steven D. Dunnings
Hire an attorney.
Answered on Apr 30th, 2013 at 11:28 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question is complicated on many levels and really requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. With that being said, if your husband's PO is on his side, he may not violate him until the case in MO is resolved. Also did the alleged events with your sister occur before or after he was placed on probation. If it occurred before probation, he may not have violated his probation. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your husband's situation. He/she would then be in a better position to analyze his case and advise you of your options.
Answered on Apr 30th, 2013 at 11:12 PM
That's WHY you NEVER plead guilty for something you didn't do. All these problems were caused by HIM lying and confessing to something he did not do.
Answered on Apr 30th, 2013 at 10:24 PM
John J. Carney
Your husband raped your sister and then confessed to it. He is not a good decision maker and I do not know that you should make the decision to stay with a man who would have sex with your minor sister, but that is your decision to make. He is likely to get a jail term for statutory rape if he is a lot older than her and has a prior felony conviction. That is a very serious charge which he could have beaten until he confessed. After a confession you have no bargaining power and pretty much have to plead to the charge.
Answered on Nov 19th, 2012 at 3:31 AM
Michael J. Breczinski
Did the incident happen before he was put on probation?? If so it should not be a probation violation. Second if the police got the statement out of him through a false promise there should be a suppression hearing in order to try to get the statement suppressed.
Answered on Nov 19th, 2012 at 3:27 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I don't have enough facts. What happens to him is ultimately up to the juidge.
Answered on Nov 19th, 2012 at 3:26 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Get an attorney. That is the best thing you can do for yourself.
Answered on Nov 19th, 2012 at 3:22 AM