Q: Is this right after being arrested and paying fines?
My husband was arrested for retail fraud but charges were reduced to disorderly person, he paid fines and was held in jail for this and now he has to do probation, drug tests and counseling for this. Is this right? He was even asked about his immigration status.
A:
Yes. I assume upon his arrest, he was held in jail on some sort of bond, which he was unable or unwilling to provide for his release. He then entered some sort of plea, and was sentenced to a term of probation - all of which is something the judge can do. When you are on probation, it is a grace extended by the court instead of being in jail. When you are on probation, you agree to comply with the terms of that probation as ordered by the judge. Judges can order drug tests, counseling, and pretty much anything else necessary to ensure the person does not reoffend.
As to the immigration status, that is something the judge must ascertain before allowing a person to enter a guilty plea because under our immigration laws and policies, there can be some dire consequences for people who are not US citizens for pleas to even what might otherwise be considered minor crimes. That is why judges are required to warn everyone of immigration consequences because they otherwise have no way of knowing who is a citizen; it is for everyone's protection.
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