How can the probation officer violate my husband for smoking weed after restitution was paid?

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How can the probation officer violate my husband for smoking weed after restitution was paid?

my husband did all that was required of him on probation including paying off all his finesand probation fees, going to GED classes, not getting into any trouble, he reported every month on time and his crime was not **** related. He was supposed to be let off of papers completely after he paid off the court house. He never had a **** test until it came close for him to get off papers and i don’t think it is fair for him to be in jail when it is already been noted that he has an addiction to drugs. Is there anyway for me to get him out of jail or is there anybody that i can go to for help.

Asked on June 9, 2009 under Criminal Law, Mississippi

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The simple answer to your question is that if staying away from illegal drugs was a condition of his probation, and a drug test at any time prior to the end of his probation revealed that he had taken an illegal drug, then his probation officer had the ability to violate him.  Hypothetically, if there are ten conditions of probation, and the probationer follows nine but violates one, than theoretically probation can be violated based upon that sole violation.  At this point, I suggest you consult with and/or retain an experienced criminal defense attorney to determine what, if any, options remain available to your husband to shorten and/or end his present period of incarceration.


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