My husband is in jail for violating probation

[pochemu]

What is the name of your state? California

Two years ago my husband was arrested and charged with a felony. He was given 75 days home confinement. He served the term and was given probation a year ago. Now 3 weeks ago he was arrested for being in the wrong place at the wrong time basically. Someone was trying to sell him stolen lights for our car. The guy who was selling the lights got away, but my husband was arrested. He was charged with burglary from a vehicle although he did not take anything. Today the probation officer called him in and now he is in jail for violating probation. The probation officer as well as our lawyer both said that he can probably get work realease. Which is where he works for the county 8 hours a day 5 days a week. He will be home in the evenings and weekends. It will proabably be 60 days. They said that because he has never violated probation. We are really hoping for this because I just opened my own business and he was going to work there for me. He is not a vilent person and not a threat to community. So he will probably get work release right? I am really hoping because this will really screw up our life. Please help me out if anyone out there knows about this type of thing. Thanks in advance.

 

[Son of Slam]

What is the name of your state? California

Two years ago my husband was arrested and charged with a felony. He was given 75 days home confinement. He served the term and was given probation a year ago. Now 3 weeks ago he was arrested for being in the wrong place at the wrong time basically. Someone was trying to sell him stolen lights for our car. The guy who was selling the lights got away, but my husband was arrested. He was charged with burglary from a vehicle although he did not take anything. Today the probation officer called him in and now he is in jail for violating probation. The probation officer as well as our lawyer both said that he can probably get work realease. Which is where he works for the county 8 hours a day 5 days a week. He will be home in the evenings and weekends. It will proabably be 60 days. They said that because he has never violated probation. We are really hoping for this because I just opened my own business and he was going to work there for me. He is not a vilent person and not a threat to community. So he will probably get work release right? I am really hoping because this will really screw up our life. Please help me out if anyone out there knows about this type of thing. Thanks in advance.

Are you sure that it is not your husband that is screwing up your life?

 

[CdwJava]

Work release and other 'out of custody' programs vary by county. There is no way to say whether he will be eligible for work release or offered it.

Apparently there was a tad more than someone "trying" to sell him some stolen lights. It is not a crime to have someone offer you stolen lights, nor is it against the law to be present at the wrong place and time. It IS against the law to be in possession of stolen property or to be involved in a theft or burglary.

And when anyone says that they were in the "wrong place at the wrong time" it is the same as being in denial for one's own actions. If he was buying hot parts, he knew they were hot parts - or should have known. In these kinds of cases the defendant either has to plead not guilty with a defense of being a moron, or they take a deal and plead guilty.

If he's lucky he's gonna get weekends or work release. But it sounds like he still hasn't learned a thing. Maybe a jail term will kick him in the pants and straighten him out.

- Carl