My boyfriend was given leniancy when he was pulled over and arrested on a DUI charge back in August of 2010. He was to do overnight jail so he could continue working and going to school. Well on New Years an incident occurred, to which im not sure of the entire story, the only thing I know was he was driving without proof of his license and insurance. Anyway, the arresting officer told him, that his car was to be impounded, and my guy did the dumbest thing imaginable and tried to negotiatee with the officer to allow his dad come pick up the car, so he wouldnt have to pay all the sitting fees. At this point, he was listed as resisting arrest. So, at this point he discussed with his PO that doing full days could help in lower the affects of being arrested for no license and insurance. His release for all of this was to be on April 7th (the resisting arrest charge was given time served with the dui). During this time, he also had a speeding ticket in a different county that went to bench warrant since he was sitting in jail in the other county and unable to show for his community service. He had contacted the other county and they said they would assess him and likely give him time served once his release date was up. Sounds hunky dory and he should be thanking his lucky stars. Well, here is where all the confusion starts. For the past 2 weeks the speeding ticket county wouldnt pick him up, claiming dui county hadnt submitted paperwork for his release, and that they had 10 days. Well we are on day 19, and finally after a long game of phone tag, we were told he was being detained due to the PO. The PO will not return any of our phone calls, and we have no clue what is going on. The jail assures us he has been good in serving his time, so we are unsure as to the reason for his being detained. If all the tickets, and time are done, what is his PO trying to do? How long can he detain without some sort of charge, for which none of us were informed about? I know he is being punished, and I understand that, but why are we being punished to, by not being informed by the PO as to what his status is going to be? I really appreciate any insight at this point. I've never been through this before and haven't a clue as to how the judicial system works.

Thanks

I don't know what state you are in, however, if I detain someone, they sit until the court date. You also have to understand, the sentencing judge can also place a detainer that the jail will see as a probation detainer. If the officer won't return your calls, call and ask for his/her supervisor. In my state, officers have 2 office days per week and 3 field days. Plus you never know when they will be in court. Supervisors are usually in the office all day everyday. Also be prepared not to get any hard answers from the supervisor until they get a chance to review the information with their officer. Oh, the charge is PROBATION VIOLATION. While it's not billed as a new charge, he has violated the conditions of his probation and has to answer to the Judge.

I was going to weigh in, but looks like Cat D and Retleo already beat me to the punch in telling you pretty much exactly what I was going to tell you. You have to remember that POs are usually overloaded with their caseloads and it is hard to devote a lot of time and attention to each and every case. It may be frustrating to wait, but you have to understand that the court system is hardly ever fast, and probation is a whole new animal with its own methodology and logic. Contact your attorney and see if they can give you a more case specific explanation. Probation is varied from state to state, county to county, city to city really. Best of luck.

Ranger719....I'm gonna.........that was.........you just....

BWAAAAHHHHHHAHAHAHAHAHAHAHAHAHAHAHAHAHAAHAHAHAHAHAHAHAHAHAHAHAHAHAHAH

My best advice is stay 200 miles south of this person. He can waive his attorney/client relationship and the attorney is then free to discuss the case with you.

Hmmm..... you might want to find yourself another boyfriend.

Damchick says ...

For those of you who actually gave me advice, thank you. As for the smart ass ones, I didn't break the law, he did, so don't patronize me.

Not patronizing you. It's common sense. He has issues, DUI, Speeding ticket, driving w/out insurance and license.... all illegal.

Sometimes the best thing you can do is step back and let the person hit rock bottom. He should be man enough to speak to his parents himself.

Best advice you have been given is have him talk to his attorney.

Damchick says ...

For those of you who actually gave me advice, thank you. As for the smart ass ones, I didn't break the law, he did, so don't patronize me.

You have no right to come in here and ask a legally based question, that common sense would deem should be asked to an Attorney, and then when you get a "smart a$$" reply, tell us not to Patronize you. Your Card has been stamped. Next!

Simple soulution to an age old problem... Find a new boyfriend!

Ranger719 says ...

Ask his lawyer.

 

This ^^^^^^^^

Wean your numbskull boyfriend.   He's giving you half the story.  

Wow, Resisting Arrest verbally.  What state is that in?  We have to have solid evidence of a struggle to make that charge stick. 

hawk9877 says ...

Wow, Resisting Arrest verbally.  What state is that in?  We have to have solid evidence of a struggle to make that charge stick. 

"Network" says she's in Texas. Are there any Texas LEO's that can help us out with arresting someone for verbal Resisting??

MarlyB says ...

Wean your numbskull boyfriend.   He's giving you half the story.  

Bump Marly... exactly!  You are not getting the whole story here.  I think he knows exactly what is going on and you, unfortunately do not.  I say that with light heartedness because you obviously care about this person.  I will tell you this... don't let yourself get caught up int his mess!