Pell City, AL asked in Criminal Law for Alabama

Q: Probation officer took my wife to jail for probation violation on 1st failed drug test. Is there anything that i can do?

My wife was arrested a couple years ago and last month finally came to a plea agreement of misdemeanor posession marijuana 2nd and got 1 year suspended jail sentence and 2 years supervised probation and assessment at a court referral. We had some problems and she missed her assessment 2 times and forgot to report to probation officer but when realized i took her in for her 1st visit and she failed her drug test they ended up making me go outside and wait and then the officer came out and told me she had failed and i was probally on something to and that she was going to jail..at first they said 3 day which they called a "dip" and then the other officer came out and said they was going to hold her til a court date which is october 17th and was wondering if there is anything that can be done because dont think its really fair to put her in that long for 1st time test fail..any info would be helpful

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1 Lawyer Answer
Christopher Weaver
Christopher Weaver
Answered
  • Criminal Law Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: You can hire an attorney to file a motion requesting that her bond be reinstated. Typically probation violations automatically result in a "no bond" decision by the court. The whole point of bond is to make sure that you show up to your next court date. Here, that isn't a certainity, as she didn't show up for two appointed assessment visits and she also failed to report to the probation officer. Whatever you do, it wouldn't be smart to tell the court, as you did here" "we had some problems.... and forgot...) Everybody has problems. Everybody forgets things. But very few people forget responsibilities to follow judges orders or go to jail.

Whether the court lets her out before October 17th is questionable. If she didn't have an attorney at the initial pleadings, and you hire an attorney this time around, she may have a better shot.

If you want her bond reinstated, there are likely some actions you're going to need to take on her behalf. Get her enrolled in an outpatient treatment facility (if it is just marijuana. If more than that, get her enrolled in a state-sponsored instate facility. Have a place for her to stay, and if you are doing drugs as well, as the officer inferred, you need to do the same for yourself, or else you're jsut going to to continue in a cylce that does nothing but put you further and further in debt, gives you more and more of a criminal record, and never allows you to get out in front. Understand, I make money from people who do this to themselves, but it is a sad sight.

Long story short, have a reasonable place for her to stay, have a treatment facility ready to take her in, hire an attorney who understands probation matters, and best of luck to you.

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