Question:

What happens to someone if they are on probation and they get arrested.?

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A friend of mine recently had a dispute with his wife, being a mutual friend of both of theirs I witnessed his wife physically attack him on numerous occasions, whenever she felt he wasn't listening to her demands, on this day she asked him to pick her up, I witnessed her physically assult him while he was driving (which could've cost a major accident)and him not even hit her back anyway after finally getting fed up with the physical assault, he pulled over and pushed her out of his vehicle and drove off. He acknowledges that he was wrong for pushing her out of his vehicle (which I totally disagree with) and called her to try to talk to her, but when he contacted her,he was informed by one of her family members that she was on the phone with the police and that she was filing a report on him.And when I last spoke to him, he told me that she really went through with filing a report and that there is a warrant out for his arrest, and that he would rather leave where he is now then turn his self in. I think this is a bad idea, but he stated that he cannot go back to jail especially for something he know he didn't do.(She lied and told cops that he took her against her will, so the warrant is for kidnapping and assault) .

I know for a fact that she is a woman scorned because he was leaving her to get back with his ex girlfriend. Is there anyway that he can beat this, or will he serve the remainder of his probation(which is 8yrs) behind bars for a crime he didn't commit.

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4 ANSWERS


  1. They will have to go to court for a probation violation. That usually sucks.


  2. There are many options that can resolve a Petition to Revoke Probation.  One can get a full or partial execution of their suspended jail time or they could receive house arrest, community service, extension of probation, treatment, or any other program that is offered in that county.  It would depend on the persons criminal record, he track record on probation, etc.  One thing to remember is that in most jurisdictions, the burden of proof for probation violations is a lot lower than in a trial, so your friend doesn't have to be convicted on the new crime to be revoked.  

  3. The person ends up serving the remainder of their original sentence.  

  4. Shoot, sounds like they deserve each other.  He goes from one woman to the next, is on probation for breaking the law, etc.and she has tantrums.

    However, his case won't be believed, since you witnessed her abuse him numerous times and he did nothing about it.

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