Q: What can happen if someone violates probation for a second time?
My fiance has been on probation for at least 10 years. He is on the sex offenders list. Got arrested twice for public intoxication. The dates are 9/26/22 &10/3/22
A:
Quite often it depends on the nature of the violation, his performance on probation overall and the jurisdiction he is in. Aside from the arrests for public intoxication, if his performance on probation has been good otherwise, regarding completing classes, paying fees, maintaining contact with his probation officer, etc. That bodes well for him.
If there are terms of his probation, which prevent him from being around or consuming alcohol, the nature of his arrests are not good news for him. I always urge my clients to report to their probation officers IMMEDIATELY upon any arrests or even traffic tickets. You don't want to be in a position where it looks like you are trying to conceal things from your probation officer.
Lastly, where he is on probation is a major factor. In Sumner County, judges are far more likely to put sentences into effect for any violation, meaning time to serve. In large urban counties, where the case load is far more crushing, like Davidson or Shelby, quite often offenders are put back on probation, sometimes they have more time on probation added, sometimes not.
In any event, I would advise your husband to consult with a skilled, local attorney for the best advice and insight into his case and circumstances.
Please let me know if you have any questions and best of luck.
*DISCLAIMER: This post and the contents thereof do NOT CONSTITUTE LEGAL ADVICE. ALWAYS consult a knowledgeable attorney directly and personally to be informed of your unique situation.*
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